P. v. Daly
Kendrick Daly appeals from the judgment entered upon his convictions by jury of attempted murder (Pen. Code, 664, 187, count 2),[1]three counts of assault with a firearm ( 245, subd. (a)(2), counts 3, 7 & 8), assault by means likely to produce great bodily injury ( 245, subd. (a)(1), count 5) and mayhem ( 203, count 6).[2] The jury found to be true as to count 2 the firearm allegations within the meaning of section 12022.53, subdivisions (b), (c) and (d), as to counts 3, 7 and 8 the firearm allegation within the meaning of section 12022.5, subdivision (a), and as to counts 5, 6, and 8 the great bodily injury allegation within the meaning of section 12022.7, subdivision (c). The trial court sentenced appellant to state prison for an aggregate term of 14 years eight months plus 25 years to life. Appellant contends that there is insufficient evidence to support his conviction of assault with a firearm as alleged in count 3. court affirm.
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