P.

P. v. Castro CA4/3

Good Law
Court of Appeal of CaliforniaMarch 20, 2013G046176California2,901 words

Opinion

Opinion

Fybel, J.

INTRODUCTION

A jury convicted Juan Alberto Castro of one count (count 2) of attempted voluntary manslaughter (Pen. Code, §§ 192, subd. (a), 664, subd. (a)) (as a lesser included offense of the charged crime of attempted murder), one count (count 3) of shooting at an inhabited dwelling house (id., § 246), and one count (count 4) of assault with a firearm (id., § 245, subd. (a)(2)). The jury found true the allegations under Penal Code section 12022.5, subdivision (a) that Castro personally used a firearm in committing the crimes alleged in counts 2 and 4. The trial court sentenced Castro to a prison term of nine years, four months. Castro argues (1) the evidence was insufficient to support the conviction for attempted voluntary manslaughter, (2) the trial court erroneously instructed the jury on the required intent for assault with a firearm, and (3) the evidence was insufficient to support the conviction for assault with a firearm. We conclude to the contrary on each argument and therefore affirm.

FACTS

We view the evidence in the light most favorable to the verdict and resolve all conflicts in its favor. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206; People v. Barnes (1986) 42…

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