P. v. Jimenz
Defendant, Giovanny Antonio Jimenez, appeals from his convictions for: six counts of willful, deliberate, and premeditated attempted murder (Pen. Code, 187, subd. (a), 664); one count of shooting at an inhabited dwelling ( 246); two counts of discharging a firearm from an automobile ( 12034, subd. (c)); and one count of mayhem. ( 203.) Further, defendant appeals from juror findings that he: used a firearm in the commission of the attempted murders, shooting from an automobile, and mayhem; inflicted great bodily injury against the victim named in counts 7 and 10; and all of the offenses were committed for the benefit of a criminal street gang. ( 186.22, subd. (b)(1)(c), 12022.53, subds. (b), (c), (d), 12022.7, subd. (b).) Defendant argues that: there was insufficient evidence to support his convictions as to counts 2, 3, 4, 5, 7, and 8; the prosecutor committed misconduct; and he was denied effective assistance of counsel. We conclude there are a number of sentencing errors which warrant correction. Court affirm with modifications.
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