[DOWNLOAD] "People V. Gonzales" by Fourth Appellate District, Division One Court of Appeal of California * Book PDF Kindle ePub Free
eBook details
- Title: People V. Gonzales
- Author : Fourth Appellate District, Division One Court of Appeal of California
- Release Date : January 25, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Jorge Chavez Gonzales appeals a judgment convicting him of attempted murder (Pen. Code,*fn1 § 187, 664) while personally using a firearm and inflicting great bodily injury (§ 12022.5, subd. (a), 12022.7). He also was convicted of assault with a firearm (§ 245, subd. (a)(2)) while personally using a firearm and of selling narcotics (Health & Saf. Code, § 11352) while personally armed with a firearm (§ 12022, subd. (c)). Gonzales challenges the jury's finding he was personally armed when engaging in that transaction. Because there was no evidence he had firearms on his person during the narcotics sale, Gonzales contends it was error for the court to instruct the jurors they could find he was personally armed upon evidence showing only that he had a firearm readily available for use. Gonzales also claims the court erred in refusing to give his requested special instruction tailored to his contention his firing a rifle at police officers as they burst through the front door of his residence was a reasonable reaction because he had been severely beaten and robbed by three white men who had kicked his front door open just three days earlier.