People v. Lawrence, No. F055219

Defendant's conviction for attempted unpremeditated murder and related firearm offenses is affirmed where: 1) trial court did not err in a failure to give an instruction not supported by the evidence on what was asserted to be a lesser included offense; 2) there is no infirmity in the wording of CALCRIM Nos. 105 and 226, and they were properly given in the case; and 3) CALCRIM No. 600 correctly states the law.  Defendant's sentence is remanded with directions to the trial court to stay the sentence on count 4 and exercise its discretion to impose or strike the second enhancement found under section 667.5(b). 

Read People v. Lawrence, No. F055219

Appellate Information

Filed September 8, 2009

Judges

Opinion by Judge Ardaiz

Counsel

For Appellant: Victor Blumenkrantz 

For Respondent: Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Brian Alvarez and Leslie W. Westmoreland, Deputy Attorneys General