P. v. Cunningham CA2/8
Eugene E. Cunningham appeals from a judgment following his conviction for attempted voluntary manslaughter, shooting at an occupied motor vehicle, and possession of a firearm by a felon. He contends his conviction for shooting at an occupied motor vehicle should be reversed because the trial court erred in failing to instruct the jury about the lesser included offense of grossly negligent discharge of a firearm. In addition, Cunningham seeks remand to allow the trial court the opportunity to exercise its discretion under recently amended Penal Code section 12022.5 to strike or dismiss the firearm enhancements attendant to his attempted voluntary manslaughter convictions. We remand to allow the trial court to exercise its discretion under section 12022.5 and correct the abstract of judgment for a clerical error. We otherwise affirm the judgment.
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