P. v. Alexander
A jury convicted appellant Charles Alexander of attempted murder (Pen. Code, §§ 664/187; count 1) with a finding that he personally discharged a firearm (§ 12022.53, subd. (c)), assault with a deadly weapon (§ 245, subd. (a); count 2) with a finding that he personally used a deadly and dangerous weapon (a car) (§ 12022, subd. (b)(1)), carrying a loaded unregistered handgun (§ 25850, subd. (a); count 3), and having a concealed firearm in a vehicle (§ 25400, subd. (a)(1); count 4).[1] The trial court sentenced him to a term of 29 years in prison.
On appeal, appellant contends that the trial court erred in instructing on the kill zone theory of attempted murder and in admitting evidence relating to gang membership. We disagree with these contentions. Appellant also contends that the abstract of judgment must be corrected to reflect an enhancement on count 2 under section 12022, subdivision (b)(1), rather than section 12022.53, subdivision (b)(1). We order the abstra
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