People v. Grana CA5

INTRODUCTION

Appellant Luis A. Chavez Grana was convicted of assault with a firearm and other charges related to shooting at an occupied residence. He contends on appeal there is insufficient evidence he knew the target residence was occupied to support the assault with a firearm conviction. The People disagree arguing the judgment is supported by sufficient evidence. We conclude substantial evidence exists from which a reasonable trier of fact could find beyond a reasonable doubt appellant’s conviction of assault with a firearm.

PROCEDURAL SUMMARY

Appellant was charged with assault with a firearm and personal use of a firearm enhancement (§§ 245, subd. (a)(2), 12022.5, subd. (a); count 1), shooting at an inhabited dwelling (§ 246, count 2), and possession of a firearm by a felon (§ 29800, subd. (a)(1), count 3). It was alleged appellant had a prior serious felony conviction (§§ 667, subd. (a)(1), 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). A jury found appellant guilty on all counts and found true the firearm enhancement for count 1. In a bifurcated proceeding, appellant admitted the prior serious felony allegation. The court imposed the following sentence: six years on…