P.

I. INTRODUCTION

A jury found defendant and appellant, Jesse Torres, guilty as charged of two

counts of attempted murder and two counts of assault with a deadly weapon, a knife, for

stabbing two brothers, Marcos Arroyo and Manuel Delgado, at a neighborhood party.

(Pen. Code, §§ 664, 187, subd. (a), 245, subd. (a)(1).)1 The jury also found the attempted

murders were premeditated and found great bodily injury and gang enhancements true on

all four counts. (§§ 664, subd. (a), 12022.7, subd. (a), 186.22, subd. (b)(1).) Defendant

was sentenced to 10 years plus 30 years to life in prison.

On this appeal, defendant claims insufficient evidence supports: (1) the intent to

kill element of his attempted murder convictions; (2) the premeditation findings; and (3)

the gang enhancement findings. He also claims the court abused its discretion and

violated his due process right to a fair trial in refusing to bifurcate the gang allegations

and erroneously denied his motion for a new trial based on ineffective assistance. We

find these claims without merit and affirm the judgment in all respects.

1 All further statutory references are to the Penal Code unless otherwise indicated.

2…