P. v. Esparza
A jury convicted defendant Robert Andrew Esparza of attempted voluntary manslaughter (count 1—Pen. Code, §§ 664, 192),[1] a lesser, necessarily included offense of the charged crime of attempted murder; shooting at an occupied vehicle (count 2—§ 246); unlawful possession of a firearm (count 3—§ 12021, subd. (a)(1)); and active participation in a criminal street gang (count 4—§ 186.22, subd. (a)). The jury additionally found defendant personally discharged a firearm in his commission of the count 1 offense (§§ 12022.53, subd. (c), 1192.7, subd. (c)(8)), personally used a firearm in his commission of the count 2 offense (§ 1192.7, subd. (c)(8)), and committed both the count 1 and 2 offenses for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)).
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