P. v. Contreras
The People filed a first amended information charging Robert Contreras, Jr. with attempted murder of police officer Matthew Jimenez (Pen. Code[1], 664, subds. (a), (e), (f)/187, subd. (a), count 1); attempted murder of police officer Juan Carlos Garcia ( 664, subds. (a), (e), (f)/187, subd. (a), count 2); assault with a firearm upon Matthew Jimenez ( 245, subd. (d)(1), count 3); assault with a firearm upon Juan Carlos Garcia ( 245, subd. (d)(1), count 4); discharge a firearm at an inhabited dwelling ( 246, count 5); assault upon Francisco Romero ( 245, subd. (a)(2), count 6); assault upon Omar Garcia ( 245, subd. (a)(2), count 7); discharge a firearm at an inhabited dwelling ( 246, count 8); discharge a firearm at an inhabited dwelling ( 246, count 9); and negligent discharge of a firearm ( 246.3, count 10). Contreras contends his convictions for shooting at inhabited dwellings were not supported by sufficient evidence; and, the upper term sentence on count 3 violated his Sixth and Fourteenth Amendment rights. Court reverse the sentence on count 3, and affirm in all other respects.
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