P. v. Candelario and Hernandez
Heriberto Candelario and Brian S. Hernandez appeal from the judgments entered following their conviction of attempted murder (Pen. Code, §§ 664, 187, subd. (a)),[1] assault with a deadly weapon (§ 245, subd. (a)(1)), and aggravated mayhem. (§ 205.) As to attempted murder and assault with a deadly weapon, the jury found true an allegation that appellants had personally inflicted great bodily injury. (§ 12022.7, subd. (b).) As to attempted murder, the jury found true an allegation that appellants had personally used a knife. (§ 12022, subd. (b)(1).) The jury found not true an allegation that the attempted murder had been committed deliberately and with premeditation. For aggravated mayhem, appellants were sentenced to life imprisonment with the possibility of parole. Sentences for attempted murder and assault with a deadly weapon were stayed pursuant to section 654.
Hernandez contends that the trial court erroneously denied his section 1118.1 motion for a judgment of acquittal on the aggravated mayhem charge. Candelario contends that the evidence is insufficient to support his conviction of this offense. We affirm, except that we modify Hernandez's judgment of conviction to award him one additional day of presentence custody credit.
Comments on P. v. Candelario and Hernandez