People v. Truss CA2/2

Filed 9/30/15 P. v. Truss CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

THE PEOPLE, B257842

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA061427) v.

CRAIG EDWARD TRUSS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Lisa M. Chung, Judge. Affirmed.

Roberta Simon, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Margaret E. Maxwell and Thomas C. Hsieh, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Craig Edward Truss (defendant) appeals from the judgment entered after he was convicted of attempted murder, assault, and illegal possession of a firearm. He challenges his conviction of two counts of assault with a semiautomatic firearm, claiming that the evidence was insufficient to prove the mental state required for assault. Finding no merit to defendant’s contention, we affirm the judgment. BACKGROUND Procedural history Defendant was charged by amended information with the following five felonies: count 1, the attempted willful, deliberate, and premeditated murder of Willie Johnson (Johnson), in violation of Penal Code sections 664 and 187, subdivision (a);1 counts 2, 3, and 4, assault with a semiautomatic firearm upon Ronald Pigee, America Collins, and Ronee Collins, respectively, in violation of section 245, subdivision (b); and count 5, possession of a firearm by a felon, in violation of section 29800, subdivision (a)(1). As to count 1, it was alleged that defendant personally and intentionally used and discharged a firearm causing great bodily injury, within the meaning of section 12022.53, subdivisions (b), (c), and (d), and that he caused Johnson great bodily injury, within the meaning of section 12022.7, subdivision (a).2 As to counts 2, 3, and 4, the amended information further alleged that defendant personally used a semiautomatic firearm within the meaning of section 12022.5, subdivision (a). A jury found defendant guilty of counts 1, 2, 3, and 5, as charged, and not guilty of count 4. The jury found true the all firearm enhancement allegations except the allegation under section 12022.53, subdivision (d), which it found not true. On July 25, 2014, the trial court sentenced defendant on count 1 to life in prison with a minimum parole period of seven years, plus a consecutive 20-year term for the personal and