P. v. Keoring
A jury found defendant guilty of four counts of assault with a firearm (counts 1, 2, 4 & 6). (Pen. Code, 245, subd. (a)(2).)[1] As to all four counts, the jury found true the allegations that defendant personally used a firearm during the commission of the assaults. ( 12022.5, subd. (a).) The jury also found defendant guilty of one count of burglary (count 7). ( 459.) The court sentenced defendant to state prison for a term of 26 years four months. Defendant makes five contentions: (1) the trial court erred by not instructing the jury on the offense of exhibiting a firearm, because it is a lesser included offense of assault with a firearm; (2) the trial court erred by not instructing the jury on defense of real or personal property; (3) the trial court erred by not instructing the jury on self-defense; (4) the trial court abused its discretion by denying defendants motion for self-representation; and (5) defendant was denied his constitutional rights to a jury trial and to proof beyond a reasonable doubt when the court found facts justifying the imposition of the upper prison terms. Court affirm the judgment.
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