P. v. Cervantes CA2/8
A jury found Miguel Nava Cervantes guilty of corporal injury to a cohabitant or girlfriend (Pen. Code, § 273.5, subd. (a); count 1), criminal threats (§ 422, subd. (a); count 2), brandishing a firearm at a person in a motor vehicle (§ 417.3; count 4), attempted murder (§§ 187, subd. (a), 664; count 5), and two counts of assault with a firearm (§ 245, subd. (a)(2); counts 6 & 7). The jury found true allegations that Cervantes personally used a firearm as to counts 2, 5, 6 and 7 (§ 12022.5, subd. (a)), personally discharged a firearm which caused great bodily injury as to count 5 (§ 12022.53, subd. (d)), and personally committed great bodily injury as to count 6 (§ 12022.7, subd. (a)).
On appeal, Cervantes contends there was insufficient evidence to support the conviction for brandishing a firearm at a person in a vehicle. Alternatively, he contends he received ineffective assistance of counsel. He also argues the trial court erred in calculating his presentence custody
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