P.v . Darling
A jury convicted defendant of one count each of assault with a semiautomatic firearm, shooting at an inhabited structure, discharging a firearm at a person from a motor vehicle, assault on a peace officer with a semiautomatic firearm and reckless driving while evading an officer. Defendant asserted on appeal (1) the section 245, subdivision (b) conviction must be reversed as a necessarily lesser included offense within the section 12034, subdivision (c) offense, and (2) the trial court abused its discretion by denying his request for probation. The conviction on count 2 for violation of section 245, subdivision (b) is reversed. In all other respects, the judgment is affirmed.
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