P. v. Seechan
A jury convicted appellant Chava Seechan of individual counts of attempted murder (Pen. Code, 187, 664;[1]count 1) and shooting at an occupied motor vehicle ( 246; count 2), two counts of assault with a semiautomatic firearm ( 245, subd. (b); counts 3, 7) and three counts of second degree robbery ( 211, 212, subd. (c); counts 4-6). The jury also found true enhancement allegations of the following: appellant committed each offense at the direction of, or in association with, a criminal street gang, with the specific intent to promote, further or assist in criminal conduct by gang members ( 186.22, subd. (b));[2]in committing the count 5 and 6 offenses he personally used a firearm, within the meaning of subdivision (b) of section 12022.53; in committing the count 1, 3 and 7 offenses he personally used a firearm within the meaning of subdivision (a)(1) of section 12022.5; and in committing the count 1 and 5 offenses, he intentionally discharged a firearm ( 12022.53, subd. (c)). On appeal, appellant contends (1) the evidence was insufficient to support the gang enhancement imposed in association with his count 4 conviction of second degree robbery, and (2) the abstract of judgment setting forth the determinate portion of the sentence to be served before the life sentence imposed on count 1 incorrectly stated a total of 45 years 2 months. Court reverse the true finding on the count 4 gang enhancement, direct the court to issue an amended abstract of judgment and otherwise affirm.
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