People v. Finocchio CA1/4

Background Defendant was charged with one count of premeditated attempted murder. (Pen. Code,1 §§ 187, subd. (a), 664, subd. (a).) The information alleged that he personally used a firearm and personally and intentionally discharged a firearm (§§ 12022.5, subd. (a), 12022.53, subds. (b) & (c)) and that he had a prior strike conviction (§§ 667, subds. (b)–(i), 1170.12) and a prior serious felony conviction (§ 667, subd. (a)(1)). At trial, testimony was presented that defendant knew the victim through defendant’s ex-girlfriend, Nancy,2 and that defendant was angry with the victim because he believed the victim was dating Nancy. Nancy testified that she and defendant broke up about a week before the shooting. On the day of the shooting, she and the victim went to the house she had shared with defendant to collect her belongings. As she was pulling out of the driveway, she saw defendant exit a neighbor’s house. The victim told her to drive away. As she left the scene, she saw the victim walking towards his truck; she did not see any signs of an altercation between him and defendant. She waited for the victim four or five blocks away from the house, but when he did not arrive she drove…