P. v. Leon
Appellant Gregory Leon was convicted by a jury of attempted murder (Pen. Code, 664/187, subd. (a))[1]and assault with a deadly weapon ( 245, subd. (a)(1)), with findings that he inflicted great bodily injury as to both counts ( 12022.7, subd. (a)) and used a deadly and dangerous weapon in the commission of the attempted murder ( 12022, subd. (b)(1)). The jury also found that he had suffered a prior conviction within the meaning of section 667, subdivision (a)(1), section 667, subdivisions (b) through (i), and section 1170.12, subdivisions (a) through (d). He was sentenced to 27 years in prison. He appeals, contending that the court erred by: 1) failing to give an instruction on the lesser included offense of attempted voluntary manslaughter (CALCRIM No. 603); 2) failing to give the unanimity instruction (CALCRIM No. 3500); and 3) sentencing him to the upper term on the attempted murder charge. Court affirm the judgment.
Comments on P. v. Leon