P.

Filed 3/11/13 P. v. Zimmerman 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Amador)

THE PEOPLE, C066817

Plaintiff and Respondent, (Super. Ct. No. 09-CR-15841)

v.

KENNETH JOHN ZIMMERMAN,

Defendant and Appellant.

A jury found defendant Kenneth John Zimmerman not guilty of first degree murder, but guilty of the second degree murder of his neighbor John O‟Sullivan. (Pen. Code, § 187, subd. (a).)1 The jury also found true allegations that in the commission of the murder defendant intentionally and personally discharged a firearm, namely a .25-caliber Raven Arms handgun, causing great bodily injury and death to O‟Sullivan within the meaning of section 12022.53, subdivision (d), and personally used a firearm within…