P. v. Gonzalez
A jury found defendant guilty of attempted murder (Pen. Code, 664/187, subd. (a)),[1]with a special finding that the attempted murder was willful, deliberate, and premeditated. The jury also found that defendant personally discharged a firearm causing great bodily injury. ( 12022.53, subd. (d).) Defendant was also convicted of assault with a firearm ( 245, subd. (a)(2)), with additional findings that he personally used a firearm during the commission of the crime ( 12022.5, subd. (a)) and inflicted great bodily injury ( 12022.7, subd. (a)). The trial court sentenced defendant to state prison for the indeterminate sentence of 7 years to life for the attempted premeditated and deliberate first degree murder, plus 25 years to life for the gun enhancement, for a total term of 32 years to life.
Court agree that defendant was improperly sentenced and remand for resentencing; otherwise, Court affirm the judgment.
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