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Name: People v. Villegas
Case #: E027539
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/18/2001
Subsequent History: Rev. denied 12/12/01.
Summary

There was sufficient evidence to support a conviction for attempted first degree murder where appellant was angry at the victim from an earlier altercation between rival gangs, was carrying a loaded weapon with him, and yelled a gang name before he opened fire on the victim’s truck. Further, appellant fired six shots from a distance of 25 feet, and there was evidence of motive because the rival gangs were enemies. The evidence did not support either a heat of passion defense or a claim of unreasonable self-defense.