Beltran
People v. Beltran
Opinion
Opinion
Sills, J.
A jury convicted Jaime E. Beltran of attempted murder (Pen. Code, §§ 664, 187) committed willfully, deliberately and with premeditation (§ 664, subd. (a)), and assault with a semiautomatic firearm (§ 245, subd. (b)). It also found he inflicted great bodily injury (§ 12022.7), and personally used a firearm (§ 12022.5, subd. (a)). The trial court sentenced Beltran to an indeterminate sentence of life in prison with the possibility of parole for the attempted murder, plus a 10-year enhancement for the use of the firearm. Beltran raises three arguments on appeal: (1) Statements he made to the police after invocation of his Miranda rights were involuntary and should have been suppressed by the trial court; (2) his conviction for assault with a semiautomatic firearm must be reversed because the jury was inadequately instructed as to the intent element of that crime; and (3) there was insufficient evidence presented to support the verdict of attempted murder and the finding of premeditation. We affirm.
I
Facts
A group of friends was hanging out in front of Reynaldo Jimenez’s apartment when a man who appeared to be intoxicated lifted up his shirt as he walked by, exposing a…