P. v. Huerta
A jury found defendant guilty of willful, deliberate, and premeditated attempted murder (Pen. Code, 664/187, subd. (a))[1](count 1); corporal injury to a spouse resulting in a traumatic condition ( 273.5, subd. (a)) (count 2); assault with a deadly weapon ( 245, subd. (a)(1)) (count 3); two counts of felony child abuse likely to produce great bodily injury or death ( 273a, subd. (a)) (counts 4 & 5); and maliciously tampering with a telephone line ( 591) (count 6). As to counts 1, 2, and 3, the jury found true that defendant had personally inflicted great bodily injury under circumstances involving domestic violence within the meaning of section 12022.7, subdivision (e). In addition, as to counts 1, 2, 4, and 5, the jury found true that defendant had used a deadly and dangerous weapon within the meaning of section 12022, subdivision (b)(1). Defendant was sentenced to a total term of 20 years 4 months to life with credit for time served. On appeal, defendant contends (1) there was insufficient evidence to support the jurys finding that the attempted murder was deliberate and premeditated; (2) there was insufficient evidence to sustain the jurys verdict on count 6; (3) the prosecutors argument and the jury instruction concerning count 6 misled the jury; (4) in the alternative, punishment on count 6 should have been stayed pursuant to section 654; and (5) his sentence on count 2, as well as the enhancement allegations attached to that count, should have been stayed pursuant to section 654, as the attempted murder and spousal injury were pursuant to a single objective. The People contend that the courts minute order and abstract of judgments must be corrected to reflect the oral pronouncement of judgment. Court agree with the parties that defendants sentence on count 2 should have been stayed pursuant to section 654; however, Court reject defendants remaining contentions.
Comments on P. v. Huerta