P.
P. v. Sagastume CA2/7
Opinion
Opinion
Jackson, J.
INTRODUCTION
Defendant Freddy Sagastume appeals from a judgment of conviction entered after a jury trial. The jury found defendant guilty of attempted murder (Pen. Code, §§ 187, subd. (a), 664) in count 1, and assault with a deadly weapon (id., § 245, subd. (a)(1)) in count 2. As to count 1, the jury found true the allegation that defendant personally used a deadly and dangerous weapon (id., § 12022, subd. (b)(1)), and the jury found true as to both counts the allegations that defendant personally inflicted great bodily injury on the victim (id., § 12022.7, subd. (a)). On count 1, defendant was sentenced to 11 years in state prison: the midterm of seven years, plus one year for personal use of a knife and three years for infliction of great bodily injury. A sentence as to count 2 was imposed and stayed pursuant to Penal Code section 654. On appeal, defendant contends that the pretrial identification process was impermissibly suggestive. We affirm.
FACTS
On September 18, 2011, Nelson Guzman (Nelson), the victim, was living in an apartment complex.1 He went out to dinner with a girlfriend at about 9:30 p.m. Defendant and his girlfriend, Karla Velasquez (Velasquez), were at…