P.

I. INTRODUCTION

A jury convicted defendant, Juan Lua, of two counts (counts 1 and 2) of attempted murder. (Pen. Code,1 §§ 664, 187, subd. (a).) The jury further found defendant personally and intentionally discharged a firearm and proximately caused great bodily injury. (§ 12022.53, subds. (b), (c) & (d).) The jury found a gang enhancement allegation not true. (§ 186.22, subd. (b)(4).) The prosecution dismissed count 2 following a new trial grant. Defendant pleaded no contest to a new count 3, assault with a firearm. (§ 245, subd. (a)(2).) Defendant was sentenced to 34 years to life in state prison.

II. THE EVIDENCE

On March 14, 2010, defendant walked into a pizza restaurant in Inglewood and shot two employees—Pedro Lujano and Saeid Sedaghat. Mr. Lujano had grown up with defendant in the same neighborhood. They had been members of the same gang. Mr. Lujano repeatedly and consistently identified defendant as the gunman. There was no evidence of a robbery. There was some evidence defendant shot Mr. Lujano in retaliation for gang-related events. There was also evidence defendant had a personal vendetta against Mr. Lujano. The second victim, Mr. Sedaghat, was simply present and had…