The court’s introduction says it all: “Defendant [] was charged with a number of drug offenses that exposed him to a maximum of 11 years in state prison. How did defendant attempt to avoid those 11 years? By trying to kill the detective whose testimony was required to convict him, of course. None of the usual suspects such as Wile E. Coyote, Elmer Fudd or Yosemite Sam, not even Boris or Natasha, ever eclipsed what defendant did here. [¶] A jury convicted defendant of several drug offenses and four counts of attempted murder on Detective Charles Johnson. Defendant’s efforts to kill the detective included attempting to fire a military rocket at the building where the detective worked, setting three boobytraps using panji boards and three more using zip guns. One of the zip gun boobytraps was attached to a fence gate and designed to shoot when the gate was opened. The other zip gun boobytraps were rigged underneath vehicles known to be driven by the detective. We publish this case because defendant’s use of zip gun boobytraps requires us to decide whether his conduct qualifies as personal use of a firearm under Penal Code section 12022.53. We decide that setting a zip gun boobytrap so qualifies. [¶] In a way, defendant’s attempts to kill the detective were successful. He no longer faced that 11 years. Instead, the court sentenced him to four consecutive life terms, plus an additional term of more than 40 years.” (The People v. Smit (Cal. App. Fourth Dist., Div. 3; March 17, 2014)224 Cal.App.4th 977, [169 Cal.Rptr.3d 199].)
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