People v. Smith CA3
Opinion
Opinion
Filed 2/28/13 P. v. Smith CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
THE PEOPLE, C067555
Plaintiff and Respondent, (Super. Ct. No. 10F01139)
v.
FRANK JAMES SMITH,
Defendant and Appellant.
A jury found defendant Frank James Smith not guilty of attempted murder (Pen. Code,1 §§ 664, 187) but guilty of the lesser included offense of attempted voluntary manslaughter (§§ 664, 192, subd. (a)). The jury also found true allegations defendant personally used a firearm (§ 12022.5, subd. (a)) and personally inflicted great bodily injury (§ 12022.7, subd. (a)) in the commission of the attempted voluntary manslaughter. The trial court sentenced defendant to an aggregate term of 10 years in state prison,