People v. Valdez

Opinion

JOHNSON, J.

Rogelio Valdez appeals the judgment entered following a court trial in which he was found guilty of assault with a firearm (Pen. Code, § 245, subd. (a)(2)) with a true finding that appellant personally used a firearm (Pen. Code, § 12022.5). He was sentenced to four years in state prison. He contends: “There is no substantial evidence to prove defendant aimed at, or intended to injure, the victim” and “[t]here is no substantial evidence to prove that defendant had the present ability to injure the victim.” We reject both contentions and affirm the conviction.

Facts and…