P. v. Garcia
Jaime Farfan Garcia appeals the judgment following his conviction for willful, deliberate and premeditated attempted murder (Pen. Code, 664, subd. (a)/187),[1] criminal threats ( 422), attempted criminal threats ( 664/422), residential burglary ( 459/460, subd. (a)), felony child abuse ( 273a), and battery with serious bodily injury ( 243, subd. (d)). The jury found that Garcia inflicted great bodily injury under circumstances involving domestic violence ( 12022.7, subd. (e)), and used a knife in the attempted murder and other offenses ( 12022, subd. (b)(1)). He was sentenced to prison for the determinate term of nine years four months, followed by an indeterminate term of life with the possibility of parole.
Garcia contends there was insufficient evidence of willful, deliberate and premeditated attempted murder, or of the child abuse offense or domestic violence enhancement. He also claims the trial court erred by failing to instruct the jury that provocation insufficient to reduce attempted murder to attempted manslaughter may reduce willful, deliberate and premeditated attempted murder to attempted murder, and by instructing the jury that mere words cannot justify an assault or battery. Court affirm.
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