P. v. Chhom
Defendant Sophon Chhom appeals from the judgment entered after a jury found him guilty of the attempted murder of Marcelio Rodriguez, Jr., (Pen. Code,[1] §§ 187, subd. (a), 664; count 1), assault by machine gun or assault weapon (§ 245, subd. (a)(3); count 2), and assault with a semiautomatic firearm (§ 245, subd. (b); count 3).[2]
On count 1, the jury found true the allegations that the attempted murder was willful, deliberate, and premeditated (§ 664, subd. (a)) and that during the commission of the offense Chhom personally used a firearm (§ 12022.53, subd. (b)) and personally and intentionally discharged a firearm (§ 12022.53, subd. (c)). The jury also found true the allegations that Chhom personally and intentionally discharged a firearm causing great bodily injury or death (§ 12022.53, subd. (d))[3] and personally inflicted great bodily injury (§ 12022.7, subd. (a)), causing Rodriguez to become comatose (§ 12022.7, subd. (b)). As to counts 2 and 3 the jury found true the allegations that Chhom personally used an assault weapon (§ 12022.5, subd. (b)), personally and intentionally used a firearm (§ 12022.5), and personally inflicted great bodily injury (§ 12022.7, subd. (a)) that caused Rodriguez to become comatose (§ 12022.7, subd. (b)). The trial court sentenced Chhom to state prison for life with the possibility of parole, plus 25 years to life.
Chhom appeals, challenging the sufficiency of the evidence supporting the jury’s determination that his attempted murder of Rodriguez was willful, premeditated, and deliberate. Chhom also argues that the trial court erred by ruling that Rodriguez’s preliminary hearing testimony was admissible at trial because Rodriguez was unavailable. We affirm the judgment.
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