P. v. Bryant
Defendant Tom Curtis Bryant was charged with three counts of attempted murder (Pen. Code, §§ 664, 187, subd. (a));[1] in each count it was alleged that defendant intentionally discharged a firearm, causing great bodily injury (§ 12022.53, subd. (d)), and committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). Counts one and two were based on a shooting on July 9, 2008, and count three was based on a shooting on July 28, 2008.
A jury found defendant guilty of count three and found true its enhancement allegations. As to counts one and two the jury was unable to reach a verdict, and the trial court declared a mistrial as to those counts. Sentenced to state prison for 42 years to life,[2] defendant appeals, contending (1) the trial court erred by admitting certain gang evidence; (2) the trial court erred by not instructing, on its own initiative, on attempted voluntary manslaughter; (3) there was insufficient evidence of great bodily injury; and (4) his sentence is unconstitutionally cruel and unusual. We shall affirm the judgment.
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