P. v. Fanelli
A jury convicted Michael Alfred Fanelli of attempted voluntary manslaughter (Pen. Code, 664/192, subd. (a))[1]and assault with a firearm ( 245, subd. (a)(2)). The jury also found that in the commission of the crime, Fanelli used a firearm ( 12022.5, subd. (a)) and personally caused great bodily injury to the victim ( 12022.7, subd. (a)). Fanelli also admitted a prior conviction for assault with a firearm. The trial court sentenced Fanelli to 30 years in prison. As discussed below, Court conclude that Fanelli's challenges to his conviction are without merit. Court agree, however, that his sentence is constitutionally flawed and remand for resentencing.
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