P. v. Juarez
Defendant Bert Juarez appeals from the judgment entered following a jury trial that resulted in his conviction of the attempted premeditated murder of Lily M.; assault with a firearm; and possession of a firearm by a felon.[1] He contends: (1) the trial court had a sua sponte duty to instruct on the lesser included offense of attempted voluntary manslaughter; (2) it was error to give CALJIC No. 1.22; (3) the trial court had a sua sponte duty to instruct the jury to view defendant's out-of-court statements with caution; (4) consecutive sentences for attempted murder and possession of a firearm were precluded by Penal Code section 654.[2] Defendant also contends, and the People concede, that the trial court miscalculated defendant's presentence custody credits by one day. We modify the judgment to reflect the correct number of presentence custody credits and affirm as so modified.
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