People v. Hubbard CA2/5

I. INTRODUCTION

A jury convicted defendant, Robert Hubbard, of attempted murder. (Pen. Code, §§ 664, 187, subd. (a).)1 The jury found the attempted murder was willful, deliberate and premeditated. (§ 189.) The jury further found true deadly weapon use and great bodily injury enhancement allegations. (§§ 12022, subd. (b)(1), 12022.7, subd. (a).) Defendant waived a jury trial as to prior conviction allegations. The trial court found true prior serious or violent felony conviction and prior separate prison term enhancement allegations. (§§ 667, subds. (a)(1), (b)-(i), 667.5, subd. (c), 1170.12.) Defendant, who was found to have been twice convicted of serious and violent felonies, was sentenced to 39 years to life in state prison. We modify the judgment in part and reverse in part with directions.

II. THE EVIDENCE

A. The Prosecution’s Case

1. The Victim

Edward William Lizama went to the skid row area of downtown Los Angeles on December 23, 2012. He was near Sixth and San Julian Streets. Around 11 p.m., Mr. Lizama was handing out food. Defendant was in his partially closed tent. Mr. Lizama repeatedly offered defendant food. Defendant kept saying: “What? I said no.” Defendant…