P. v. Burney CA2/4
A jury convicted appellant Daniel Burney of assaulting Francisco Buelna with a semiautomatic firearm (Pen. Code, § 245, subd. (b)), and found true that he personally used a firearm in the crime (§ 12022.5, subd. (a)). The jury found not true allegations that he personally inflicted great bodily injury (§ 12022.7, subd. (a)) and that he committed the crime for the benefit of a criminal street gang (§ 186.22, subd. (b)). The jury acquitted him of the attempted premeditated murder of Buelna (§§ 664/187, subd. (a)), and deadlocked on the lesser charge of attempted voluntary manslaughter (§§ 664/192, subd. (a)). The court declared a mistrial on that count, and the count was dismissed before sentencing. The court sentenced appellant to 16 years in state prison: the midterm of six years on the conviction of assault with a semiautomatic firearm, plus the upper term of 10 years for firearm use.
Appellant’s sole contention on appeal is that the case must be remanded to the tr
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