People v. Jimenez

Opinion

FEINERMAN, P. J.

Defendant Mariano Jimenez was convicted by a jury of first degree murder (Pen. Code, § 187) 1 and attempted murder (§§ 664/ 187). The jury also found that the defendant personally used a firearm, a handgun, in the commission of both the murder and the attempted murder (§ 12022.5). Defendant’s motion for a new trial was denied and he was sentenced to a total of 27 years in state prison. Relying primarily on Davis v. Alaska (1974) 415 U.S. 308 [39 L.Ed.2d 347, 94 S.Ct. 1105] and People v. Adams (1983) 149 Cal.App.3d 1190 [197 Cal.Rptr. 623], defendant contends that the…