P. v. Velasquez
A jury convicted Ricardo Velasquez of attempted murder of a peace officer (Pen. Code, §§ 664, 187, subd. (a);[1] count 1), assault on a peace officer with a semiautomatic firearm (§ 245, subd. (d)(2); count 2), shooting from a motor vehicle (§ 12034, subd. (c); count 8), and 10 counts of second degree robbery (§ 211; counts 3-7, 9-13). The jury found the following allegations true: (1) the attempted murder was committed willfully, deliberately, and with premeditation; (2) in committing counts 1 and 2, Velasquez personally discharged a firearm within the meaning of section 12022.53, subd. (c); and (3) in committing the robbery counts, Velasquez personally used a firearm within the meaning of section 12022.53, subdivision (b). The trial court sentenced him to a total prison term of 33 years, plus 15 years to life, consecutive, comprised of: (1) count 1 – 15 years to life, plus 20 years for the gun use; (2) count 3 – three years, plus 10 years for the gun use. The court imposed concurrent or stayed terms on the remaining counts and enhancements.
On appeal, Velasquez contends the attempted murder conviction must be reversed because there is insufficient evidence of a specific intent to kill. In the alternative, he contends there is insufficient evidence to sustain the finding that the attempted murder was committed with premeditation and deliberation. We disagree and affirm the judgment.
Comments on P. v. Velasquez