P. v. Aguilar
An amended information charged defendant and appellant Jesus Aguilar with (1) attempted, willful, premeditated murder in violation of Penal Code[1]sections 664 and 187, subdivision (a) (count 1); (2) willful discharge of a firearm in a grossly negligent manner in violation of section 246.3 (count 2); (3) making criminal threats in violation of section 422 (count 3); and (4) assault with a firearm in violation of section 245, subdivision (a) (count 4). As to counts 1, 2 and 4, it was also alleged that defendant had personally inflicted great bodily injury within the meaning of sections 12022.7 and 1192.7, subdivision (c)(8). As to count 1, it was further alleged that defendant had personally and intentionally discharged a firearm and caused great bodily injury within the meaning of section 12022.53, subdivision (d) and section 1192.7, subdivision (c)(8). As to count 4, it was further alleged that defendant had personally used a firearm within the meaning of section 12022.5, subdivision (a) and section 1192.7, subdivision (c)(8).
Prior to trial, the prosecutor filed a motion to admit defendants prior bad act, firing shots into the air near the victim a few weeks prior to the instant offenses, under Evidence Code section 1101, subdivision (b). The trial court granted the motion. Moreover, following an Evidence Code section 402 hearing, the trial court found that defendants statement to police was admissible because he had been properly advised of his rights under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) in Spanish, and waived those rights prior to making his statement.
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