P. v. Paz
Appellant/defendant Jose Madrigal Paz shot and seriously wounded his employer, Edward Trindade, when Trindade fired him for being drunk on the job. Defendant fired three shots into Trindade’s chest and back, and took away Trindade’s cell phone to prevent him from calling for help. When Trindade pleaded that he was going to die, defendant suddenly decided to help the gravely wounded man and drove him to the hospital. Trindade survived his wounds.
After a jury trial, defendant was convicted as charged of count I, attempted murder (Pen. Code,[1] §§ 664/187), with the special allegation that he personally and intentionally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)); count II, assault with a firearm (§ 245, subd. (a)(2)), with the special allegations that he personally used a firearm (§ 12022.5, subd. (a)), and personally inflicted great bodily injury (§ 12022.7, subd. (a)); and count III, possession of a firearm by a felon (§ 12021, subd. (a)(1)).
Defendant was sentenced to the midterm of seven years for count I, attempted murder, plus a consecutive term of 25 years to life for the section 12022.53, subdivision (d) firearm allegation. The court stayed the terms imposed for the remaining counts and special allegations pursuant to section 654.
On appeal, defendant contends the court committed prejudicial error when it denied his request to instruct the jury on personal use of a firearm pursuant to section 12022.5, as a “lesser included enhancement†to special allegation charged as to count I, attempted murder, that he personally and intentionally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)). We affirm.
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