P v. Smith
Alberto Joseph Smith appeals from the judgment entered after his conviction for attempted willful, deliberate and premeditated murder with special findings by the jury he had personally used a firearm and had committed the offense for the benefit of a criminal street gang. Smith contends the evidence was insufficient to support the conviction or the true finding on the gang enhancement and also argues the trial court abused its discretion in failing sua sponte to bifurcate trial of the gang enhancement allegation. Smith additionally contends use of two of the pattern jury instructions adopted by the California Judicial Council (CALCRIM Nos. 220 and 224 (2006)) violated his right to due process of law. Court affirm.
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