Hill

People v. Hill

Caution
120 Cal. Rptr. 3d 251·191 Cal. App. 4th 1104·2011 Cal. App. LEXIS 34
Court of Appeal of CaliforniaJanuary 13, 2011No. A117787California14,652 words

Opinion

Lead Opinion

Simons, J.

While patrolling San Francisco’s Bay view District in an undercover capacity, Police Officer Isaac Espinoza was shot and killed and *1109 his partner, Officer Barry Parker, was wounded by David Lee Hill (appellant). Appellant’s trial focused primarily on his motivation for shooting the officers. The jury rejected the defense theory that appellant did not realize the victims were police officers and shot them in self-defense. Appellant was convicted of second degree murder with a peace officer special circumstance and firearm enhancements (Pen. Code, §§ 187, 190, subd. (c), 12022.53, subd. (d), 12022.5, subd. (b)) 1 (count 1), attempted first degree murder (§§ 664, 187) (count 2), assault on a peace officer with personal use of an assault weapon (§§ 245, subd. (d)(3), 12022.5, subd. (b)) (count 3), and possession of an assault weapon with a gang allegation (§§ 12280, subd. (b), 186.22, subd. (b)(1)) (count 4). 2 He was sentenced to life in prison without the possibility of parole on count 1, plus a consecutive term of life with the possibility of parole on count 2. The court stayed the weapon enhancements on count 1, and imposed a 15-year sentence on count 3 and a two-year…

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