P. v. Engel
A jury convicted defendant Fred Paul Engel of attempted willful, deliberate, premeditated murder (Pen. Code, 187, subd. (a), 664, subd. (a); count 1),[1]assault with a deadly weapon ( 245, subd. (a)(1); count 2), arson of an inhabited structure ( 451, subd. (b); count 3), and first degree burglary ( 459, 460, subd. (a); count 4). The jury found that defendant personally inflicted great bodily injury ( 12022.7, subd. (a)) in the commission of counts 1, 2 and 4; used a deadly and dangerous weapon ( 12022, subd. (b)(1)) in the commission of counts 1, 3 and 4; and intentionally caused damage exceeding $150,000 ( 12022.6, subd. (a)(2)) and used a device designed to accelerate a fire ( 451.1, subd. (a)(5)) in the commission of count 3. The trial court granted his motion for acquittal of two counts of animal cruelty.
On appeal, defendant contends the trial court committed prejudicial error in its response to a jury question regarding the meaning of a sanity phase instruction. Court affirm the judgment.
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