P. v. Benefiel
Defendant Ernest Gerald Benefiel was charged but acquitted of four counts of assaulting a police officer with a firearm.[1] (Pen. Code, 245, subd. (d)(1).)[2] The jury convicted him of four counts of the lesser included offense of assault with a firearm. ( 245, subd. (a)(2).) The jury found true the allegations defendant personally used a firearm during commission of the lesser included assaults in counts one and two. ( 12022.5, subd. (a).) As to the lesser included assaults in counts three and four, the jury found untrue the allegations defendant personally discharged a firearm during commission of the assaults. ( 12022.53, subd. (c).) The judge sentenced defendant to an aggregate term of 17 years and four months in prison. On appeal defendant contends: (1) He acted in self-defense as a matter of law, and the evidence was insufficient to show he did not act in self-defense; (2) The court improperly admitted evidence of other firearms in his possession; (3) The court abused its discretion by sentencing him to consecutive terms on all four counts; and (4) The court abused its discretion by sentencing him to the upper term on the firearm enhancement attached to count one. We hold the evidence was insufficient to prove beyond a reasonable doubt defendant did not act in self-defense. The judgment must therefore be reversed. As a result, Court do not address defendants remaining contentions.
Comments on P. v. Benefiel