McVey
People v. McVey
Opinion
lead Opinion
Lui, J.
*409 Troy T. McVey appeals the judgment entered following three jury trials in which he was convicted of voluntary manslaughter *918 ( Pen. Code, § 192, subd. (a) ) in count 1, and felony vandalism ( Pen. Code, § 594, subd. (a) ) in count 2. 1 The jury found true the personal firearm use allegation. ( Pen. Code, § 12022.5, subd. (a).) The trial court imposed an aggregate sentence of 16 years 8 months, consisting of the mid-term of 6 years for the voluntary manslaughter conviction, plus 10 years for the firearm enhancement, and a consecutive 8-month term for the felony vandalism conviction.
Appellant contends the trial court erroneously excluded evidence that the victim had been diagnosed with paranoid schizophrenia and had behaved aggressively in two confrontations with police officers 20 years earlier in Florida. We disagree and affirm the judgment of conviction. Appellant further seeks remand for reconsideration of his firearm enhancement pursuant to Senate Bill No. 620, 2 which amended Penal Code section 12022.5, subdivision (c) to remove the prohibition on striking firearm enhancements. Because the trial court's comments at sentencing unequivocally indicate that it would not…