P. v. Menera
Defendant Luis Miguel Menera fired several shots into a car stopped at a stoplight. Consequently, he was convicted of the attempted murder of Vicente Tostado (count one), assault with a semiautomatic firearm upon his former girlfriend, Elizabeth Gonzalez (count two), assault with a semiautomatic firearm upon Gonzalez and defendants 11-month-old daughter (M) (count three), and shooting at an occupied vehicle (count four). Numerous firearm and great bodily injury enhancements were also found true. Defendant appeals, claiming the evidence is insufficient to support his attempted murder conviction, the court erred in not defining semiautomatic weapon, the assault instructions erroneously allowed the jury to convict him without finding that he knew victim M was in the car when he fired, and the court made numerous sentencing errors. Court reverse count three for prejudicial instructional error.
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