P. v. Rivera
A jury convicted appellants Ricky Rivera (Rivera) and Luis Avalos (Avalos) of shooting at an occupied building (Pen. Code, 246)[1](count 1), assault by means of assault weapon on John Doe ( 245, subd. (a)(3)) (count 2), assault with a firearm on Lonnie Hunter (Hunter) ( 245, subd. (a)(2)) (count 3), shooting at an uninhabited dwelling ( 247, subd. (b)) (count 6), and willful, deliberate, and premeditated attempted murder of Lonnie Hunter ( 664, 187, subd. (a)) (count 7). Avalos was also convicted of evading an officer with willful disregard (Veh. Code, 2800.2, subd. (a)) (count 5). Avalos appeals on the grounds that: (1) there was insufficient evidence to support his conviction in counts 3 and 7, (2) there was insufficient evidence to support his conviction in count 2, and (3) the trial courts imposition of a term of 15 years to life in count 7 was unlawful. Avalos also joins in Riveras contentions where they are applicable to him under California Rules of Court, rule 8.200. The judgments of appellants Avalos and Rivera are modified to amend their sentences in count 7 to life in prison with the possibility of parole. Riveras judgment is also modified to strike the enhancements under section 667.5, subdivision (b). In all other respects the judgments are affirmed.
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