Villegas

People v. Villegas

Good Law
113 Cal. Rptr. 2d 1·2001 Cal. App. LEXIS 818·2001 Daily Journal DAR 11231·92 Cal. App. 4th 1217·2001 Cal. Daily Op. Serv. 9011
Court of Appeal of CaliforniaSeptember 18, 2001No. E027539California4,223 words

Opinion

Lead Opinion

Ward, J.

The trial court found defendant and appellant Anthony Jesus Villegas guilty of attempted first degree murder (count I), 1 mayhem (willfully, unlawfully and maliciously disabling and rendering useless the legs of Richard Mercado) (count II), 2 and assault with a firearm (count III). 3 The court also found true the following enhancement allegations: (1) with regard to counts I and II, defendant personally and intentionally discharged a firearm and proximately caused great bodily injury; 4 (2) with regard to counts I, II, and III, defendant committed the offenses in association with, and for the benefit of, a criminal street gang; 5 and (3) with regard to count III, defendant personally used a firearm, 6 and he personally inflicted great bodily injury upon the victim who suffered permanent paralysis as a result. 7 The court sentenced defendant to a total prison term of 40 years to life.

On appeal, defendant contends: (1) there was insufficient evidence to support a conviction of attempted murder of Richard Mercado; (2) there was *1222 insufficient evidence to support a conviction of mayhem; (3) there was insufficient evidence to support the gang enhancement allegation…

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