P. v. Escamilla
Robert Escamilla appeals from the judgment entered after a jury convicted him of attempted voluntary manslaughter, a lesser included offense of attempted premeditated murder, and found true the special allegation he had personally used a firearm to commit the offense. Escamilla contends the trial court erred by failing to instruct the jury on elements of assault with a deadly weapon as either a lesser included or lesser related offense of attempted murder. He also argues the trial courts imposition of upper term sentences for attempted voluntary manslaughter and the firearm use enhancement based on its own factual findings concerning aggravating circumstances violated his right to a jury guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution. Court affirm.
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