P. v. Ahmed 1/21/11 CA4/2

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: E049932

Case Date: 04/20/2011

Preview:Filed 1/21/11

CERTIFIED FOR PARTIAL PUBLICATION*

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

THE PEOPLE, Plaintiff and Respondent, v. AMIR A. AHMED, Defendant and Appellant. APPEAL from the Superior Court of Riverside County. Sharon J. Waters, Judge. Affirmed as modified. Phillip I. Bronson, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., and Kamala D. Harris, Attorneys General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and Gil Gonzalez, Vincent P. LaPietra, and Andrew S. Mestman, Deputy Attorneys General, for Plaintiff and Respondent. E049932 (Super.Ct.No. RIF145548) OPINION

Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of part II.

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1

Defendant Amir A. Ahmed shot his girlfriend once in the abdomen. According to the girlfriend, this occurred during an argument, shortly after defendant said, "Bitch, Ill shoot you." Defendant testified in his own behalf (although he contends in this appeal that he was forced to do so, because the girlfriend volunteered prejudicial information about him, and the trial court erroneously refused to grant a mistrial). According to defendant, there was no argument; the shooting occurred by accident, as he was trying to unload the gun. A jury found defendant not guilty of either attempted murder (Pen. Code,

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