P. v. Montue
A jury convicted defendant of discharging a firearm into an occupied motor vehicle (Pen. Code, 246) and found true the allegation that the crime was committed for the benefit of a criminal street gang (Pen. Code, 186.22, subd. (b)(1)). The jury deadlocked on an attempted murder charge, which was then dismissed. Sentenced to 15 years to life (Pen. Code, 186.22, subd. (b)(4)(B)), defendant appeals. He contends there was insufficient evidence to support the verdict, the trial court erred in refusing instructions on defense of others and necessity, and he received ineffective assistance of counsel. Finding no prejudicial error, Court affirm.
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