People v. Gordon CA5

INTRODUCTION

In 2016, appellant Harry Gordon shot his wife three times in her abdomen but she survived. A jury convicted him of attempted premeditated murder (Pen. Code, §§ 664/187, subd. (a);1 count 1), finding true that he personally inflicted great bodily injury, and he personally and intentionally discharged a firearm. The jury also convicted him of corporal injury to a spouse (§ 273.5, subd. (a); count 2), finding true that he inflicted great bodily injury and he personally used a firearm. In count 1, the court sentenced appellant to life with the possibility of parole, plus a consecutive 25 years to life for the firearm enhancement (§ 12022.53, subd. (d)). The sentence in count 2 was stayed.2 Appellant claims that alleged instructional and cumulative errors occurred. He also asserts that the trial court abused its discretion in imposing certain fines and assessments upon him. We reject his arguments and affirm.

BACKGROUND

It was undisputed at trial that appellant shot his wife. The issue for the jury was whether appellant had intended to kill her. The defense argued that appellant was mentally ill when this shooting occurred, and he had unreasonably believed his wife was…