P. v. Gear
jury convicted defendant Jedison Orlando Gear of attempted voluntary manslaughter of William Hardman (Pen. Code, 192, 664; count one)[1]as a lesser included offense of attempted murder ( 187, subd. (a), 664), assault with a semiautomatic firearm of Hardman ( 245, subd. (b); count two), attempted murder of Surinder Singh ( 187, subd. (a), 664; count three), assault with a semiautomatic firearm of Singh ( 245, subd. (b); count four), and second degree robbery of Singh ( 211, 212.5, subd. (c); count five). The jury found that defendant personally used a firearm ( 12022.5, subd. (a)) in the commission of counts one, two and four; personally inflicted great bodily injury on Hardman ( 12022.7, subd. (b)) in the commission of counts one and two; and personally used, and intentionally and personally discharged, a firearm causing great bodily injury of Singh ( 12022.53, subds. (b)-(d)) in the commission of counts three and five. Defendant was sentenced to state prison for a determinate term of 14 years (nine years on count three, plus two years on count two, plus three years on count twos enhancements), plus a consecutive indeterminate term of 25 years to life for the firearm enhancements on count three.
On appeal, defendant contends there was insufficient evidence of his identity as the perpetrator of the offenses against Singh. Court affirm the judgment.
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