People v. Espinoza

Opinion

BEACH, J.

After a jury trial, Joseph Espinoza was found guilty of assault with a deadly weapon. (Pen. Code, § 245, subd. (a).) The jury further found that the allegation that he used a firearm pursuant to Penal Code sections 12022.5 and 1203.06 was true.

Facts:

Appellant Espinoza fired a shot at Roddrick Devious Johnson and struck Johnson in the arm. Appellant’s defense was that he was seeking to arrest Johnson on a fleeing felon theory; that is, he believed Johnson had brought harm to Espinoza’s employees, had robbed Espinoza’s place of business, and had broken glass at that location.

Espi…