Kwolek

People v. Kwolek

Good Law
1995 Cal. App. LEXIS 1204·40 Cal. App. 4th 1521·48 Cal. Rptr. 2d 325·95 Daily Journal DAR 16491·95 Cal. Daily Op. Serv. 9541
Court of Appeal of CaliforniaDecember 12, 1995H012939California5,252 words

Opinion

Opinion

Premo, J.

On July 19, 1993, defendant Gilbert Anthony Kwolek was charged by information with attempted murder. (Pen. Code, §§ 664, 187.) The information further alleged use of a deadly weapon (§ 12022, subd. (b)) and infliction of great bodily injury (§ 12022.7).

Defendant pleaded not guilty and denied the enhancing allegations. The jury found defendant guilty as charged, and also found true the special allegations. Defendant moved for a new trial on the ground of ineffective assistance of counsel. The court granted defendant’s motion.

On June 14, 1994, a second jury trial began. The jury found defendant guilty of the lesser offense of attempted voluntary manslaughter. The second jury also found true the enhancing allegations of weapon use and great bodily harm.

On July 29, 1994, the trial court sentenced defendant to the aggravated prison term of five years and six months, plus a consecutive three-year enhancement for the great bodily injury finding. The sentence enhancement for the weapon use was stayed. The court also ordered defendant to pay restitution of $19,806 to the State Board of Control, and in addition imposed a restitution fine of $5,000, which it stayed.

We affirm…

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