P. v. Brians
A jury convicted Samuel Brians of attempted murder (Pen. Code, §§ 666/187, subd. (a)), battery with serious bodily injury (id., § 243, subd. (d)),[1] mayhem (id., § 203), assault with a firearm (id., § 245, subd. (a)(2)), two counts of unlawfully taking and driving a vehicle (Veh. Code, §10851, subd. (a)), and two counts of receiving a stolen vehicle (Pen. Code, § 496, subd. (d)). In connection with the attempted murder count, the jury found Brians intentionally and personally discharged a firearm and proximately caused great bodily injury to the victim (Pen. Code, § 12022.53, subd. (d)), personally inflicted great bodily injury upon the victim (id., § 12022.7, subd. (a)), and intentionally and personally discharged a firearm (id., § 12022.5, subd. (a)).[2] The jury also sustained allegations that Brians intentionally and personally discharged a firearm (id., § 12022.5, subd. (a)) in connection with the attempted murder and assault with a firearm counts.
The trial court sentenced Brians to a determinate term of 10 years four months. The court also imposed a consecutive indeterminate sentence of 25 years to life for the Penal Code section 12022.53, subdivision (d) allegation attached to the attempted murder count.
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