P. v. Fitts
Kenneth Fitts appeals from a judgment entered after a jury convicted him of attempted murder, discharge of a firearm in a school zone and grand theft, and found gang and firearm enhancement allegations to be true. The trial court sentenced him to 35 years in prison, which included a 20-year term for the firearm enhancement under Penal Code section 12022.53, subdivision (c).[1]
Fitts contends his conviction for attempted murder must be reversed because there is insufficient evidence of his specific intent to kill the victim. He also contends the trial court erred in imposing the firearm enhancement under section 12022.53, subdivision (c), because the verdict form did not require the jury to make a finding under this particular subdivision of section 12022.53.
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