P. v. Romero
A jury convicted defendants Luis Valenzo Romero and Jose Demetrio Montiel of attempted premeditated murder (Pen. Code, 187, 664, subd. (a); all further statutory references are to the Penal Code, unless otherwise noted), three counts of assault with a deadly weapon ( 245, subd. (a)(1)), shooting at another person from a motor vehicle ( 12034, subd. (c)), two counts of shooting at an inhabited dwelling ( 246), and active participation in a criminal street gang ( 186.22, subd. (a)). Defendants contend Romeros trial attorney rendered ineffective assistance of counsel when he failed to raise a Miranda (Miranda v. Arizona (1966) 384 U.S. 436) objection to Romeros pretrial interrogation and to lodge a hearsay objection to the interrogating officers statements made during Romeros interview. Defendants also challenge the sufficiency of the evidence to support their convictions for discharging a firearm at an inhabited dwelling and complain the trial court erroneously instructed the jury on the offense of shooting at an inhabited dwelling (CALCRIM No. 965) and the defense of others doctrine (CALCRIM No. 505). As explained below, Court modify Montiels sentencing credits but otherwise affirm the judgment.
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