P. v. George
The jury found defendant guilty of the willful, deliberate, and premeditated attempted murder of Lateef Williams and Orsi Aguirre in violation of Penal Code, sections 664, subdivision (a) and 187, and shooting at an occupied motor vehicle in violation of section 246. As to all three offenses, the jury found true the special firearm allegationsthat defendant personally and intentionally discharged a firearm causing great bodily injury to both victims ( 12022.53, subds. (b) (d), 12022.7, subd. (a)) and the allegation that each offense was committed for the benefit of a criminal street gang ( 186.22, subd. (b)(1)(C)). The trial court imposed concurrent terms of 40 years to life for the attempted murder convictions (life terms for the underlying offense, plus 25 years to life for the personal use of a firearm enhancement, and 10 years for the gang enhancement). Defendants five year middle term sentence for the section 246 conviction was stayed under section 654.
In his timely appeal, defendant contends (1) there was constitutionally insufficient evidence to support his conviction for shooting at an occupied vehicle and (2) the trial court prejudicially erred in giving the CALJIC No. 2.90 pattern instruction defining reasonable doubt without an additional clarifying instruction defendant proposed. Court reject both contentions and affirm.
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