P. v. Huerta
Appellant was convicted by a jury of assault with a firearm with the personal use of a firearm (Pen. Code, SS 245, subd. (a)(2), 12022.5, subd. (a)(1)), two counts of attempted premeditated murder with the personal use and intentional discharge of a firearm (SS 664/187, subd. (a), 12022.53, subds. (b) and (c)), and shooting at an inhabited dwelling (S 246). The jury also found that he committed all four offenses for the benefit of, at the direction of, and in association with a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(C). Appellant was sentenced to 35 years to life. Appellant appeals, contending that: (1) the evidence was insufficient to support the finding that he committed the assault for the benefit of a street gang; (2) his constitutional rights to due process were violated when the court allowed an expert to testify that the shootings were committed to benefit a gang; and (3) the court erred when it failed to instruct the jury on the offense of discharging a firearm in a grossly negligent manner (S 246.3) as a lesser included offense of shooting at an inhabited dwelling, the charged offense in count 4. Court affirm the judgment.
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