Orabuena

Jesus Orabuena, Jr., appellant, was charged with and found guilty by a jury of one count of murder (Pen. Code, § 187), three counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)), and with use of a firearm in the commission of each of the felonies charged (Pen. Code, § 12022.5). He appeals from a judgment entered on the jury’s verdict.

On September 7, 1974, at about 1:30 a.m., appellant, his brother, and companions armed with .22 caliber semi-automatic rifles were passengers in a car driven by a juvenile in the Eubank and L Streets area in the City of Wilmington. The car turned right from Eubank onto L Street and proceeded three blocks westerly on L Street where it was joined by another automobile. The car in which appellant was riding turned, reversed its course, and proceeded east on L Street toward the corner of Eubank and L where approximately 25 persons were gathered. The other auto followed.

When appellant’s car was about a block away from the comer of L and Eubank, it decelerated to between 5 and 10 miles per hour. Appellant and his brother stuck rifles out of the windows of their car and commenced firing at the group on the comer and continued to…