People v. Gutierrez

Opinion

WOODS (Fred), J.

We disagree with People v. Santos (1990) 222 Cal.App.3d 723 [271 Cal.Rptr. 811] and hold that the intent required in the use of “force . . . likely to produce great bodily injury” (Pen. Code, § 667.7, subd. (a)) is a general intent.

*1579In a three-phase trial, a jury first found Vincent Gutierrez (appellant) guilty of second degree murder (Pen. Code,1 § 187; count I), assault with a firearm (§ 245, subd. (a)(2); count III), and possession of a firearm by a felon (§ 12021, subd. (a); count IV) but not guilty of attempted murder (§§ 664/187; count II). Firearm use allegations…