The People v. Chhom CA2/7

INTRODUCTION

Defendant Sophon Chhom appeals from the judgment entered after a jury found him guilty of the attempted murder of Marcelio Rodriguez, Jr., (Pen. Code,1 §§ 187, subd. (a), 664; count 1), assault by machine gun or assault weapon (§ 245, subd. (a)(3); count 2), and assault with a semiautomatic firearm (§ 245, subd. (b); count 3).2 On count 1, the jury found true the allegations that the attempted murder was willful, deliberate, and premeditated (§ 664, subd. (a)) and that during the commission of the offense Chhom personally used a firearm (§ 12022.53, subd. (b)) and personally and intentionally discharged a firearm (§ 12022.53, subd. (c)). The jury also found true the allegations that Chhom personally and intentionally discharged a firearm causing great bodily injury or death (§ 12022.53, subd. (d))3 and personally inflicted great bodily injury (§ 12022.7, subd. (a)), causing Rodriguez to become comatose (§ 12022.7, subd. (b)). As to counts 2 and 3 the jury found true the allegations that Chhom personally used an assault weapon (§ 12022.5, subd. (b)), personally and intentionally used a firearm (§ 12022.5), and personally inflicted great bodily injury (§ 12022.7, subd.…