P. v. Ros
A jury convicted appellant of attempted murder (Pen. Code,SS 187, subd. (a), 664; count 1), discharging a firearm in a grossly negligent manner (S 243; count 2), and assault with a firearm (S 245, subd. (a)(2); count 3). The jury found true allegations that (1) in committing each offense appellant acted for the benefit of, at the direction of, and in association with a criminal street gang (S 186.22, subd. (b)(1)(A)); (2) in committing the count 1offense, he personally used a firearm within the meaning of section 12022.53,subdivision (b); and (3) in committing the count 3 offense, he personally useda firearm within the meaning of section 12022.5, subdivision (a)(1).
The court imposed a prison term of 27 years,consisting of the seven year midterm on count 1 and ten years on the gang and firearm use enhancements accompanying that count. The court imposed concurrent terms on the remaining counts and enhancements.
On appeal, appellant contends the evidence was insufficient to support his attempted murder conviction. Specifically,appellant challenges the sufficiency of the evidence as to one element of the offense: the specific intent to kill the victim. Court affirm.
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