P. v. Moreno
Defendant appeals from judgment entered following jury convictions for four counts of premeditated attempted murder (Pen. Code, 664/187, subd. (a);[1]counts 1 through 4) and one count of participation in a criminal street gang ( 186.22, subd. (a); count 5). The jury also found true, as to counts 1 through 4, that the offenses were committed for the benefit of and in connection with a criminal street gang ( 186.22, subd. (b)); and defendant was either a principal or an aider and abettor in the personal and intentional discharge of a firearm during the commission of the offenses ( 12022.53, subds. (d) & (e)(1)). The jury found not true the allegations as to counts 1 through 4 that defendant personally discharged a firearm causing great bodily injury (GBI). The trial court sentenced defendant to four consecutive life terms, plus 100 years to life. Defendant contends there was insufficient evidence to support his convictions and enhancements and the trial court committed prejudicial error by failing to instruct on assault, self-defense, and the lesser-included offense of attempted voluntary manslaughter.
We conclude there was no reversible error, either individually or cumulatively, and affirm the judgment.
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