People v. Provencher

Opinion

CALDECOTT, J.

The appeal is from a judgment entered following trial by jury finding the appellant Raymond Joseph Provencher guilty of assault with intent to commit murder and the use of a firearm under Penal Code section 12022.5.

In July 1971, Adolfo Paredes and his wife Rosaura lived in an upstairs apartment in a four-unit building. At approximately 11 p.m. Paredes left in his automobile for the purpose of going to the store for cigarettes. As he started to drive out the driveway another vehicle drove in and Paredes stopped his car alongside. Appellant Raymond Provencher was a passenger…