Piper

*106 Opinion

Isadore Alexander Piper and Willie Mae Starks appeal from judgments of imprisonment which were rendered after a jury found Piper guilty of shooting at an occupied vehicle (Pen. Code, § 246) and possession of a concealable firearm by a felon (Pen. Code, § 12021), and Starks guilty of shooting at an occupied vehicle (Pen. Code, § 246) and carrying a concealable firearm within a vehicle (Pen. Code, § 12025).

A truck driver, Ron Silva, was shot at four times from an automobile that had pulled alongside his truck moving on a freeway. While Silva was under fire he broadcast over his citizens’ band radio a call for help. As the automobile passed him, he saw that it was a dented, white, mid-1960s Oldsmobile with two people in it. He also observed that it had two extra taillights mounted on its trunk. He broadcast a description of the car over his radio, and then stopped on the side of the freeway. A highway patrol officer who had heard Silva’s radio broadcast stopped and spoke briefly with him, and then took off in pursuit of the assáilants.

The officer was joined in the chase by four other highway patrol units. Within minutes he stopped a white, 1965 Oldsmobile with extra…

I concur in the judgments.

With respect to the conviction of appellant Piper for the felony of shooting at an occupied vehicle (Pen. Code, § 246) my concurrence is premised solely on the ground, not reached by the majority, that any error was harmless beyond a reasonable doubt. Even if one assumes that counsel was inadequate, that inadequacy at most resulted in admission in evidence of a gun which was identified by a ballistics expert as having fired the bullet found in the victim’s car. While that would in most cases involving this type of crime be the key to a verdict of guilty, here it was merely cumulative. Using his citizens’ band radio the victim sent a description of the crime in progress and a contemporaneous, detailed description of the car from which the shots were made. As a result, quick acting highway patrol officers were able almost immediately to *114 respond and to stop a vehicle that matched precisely the description given, including two distinctive taillights mounted on the trunk. Inside the car in plain view was a holster on the front seat and a .38-caliber cartridge on the floor. Another .38-caliber cartridge was found on Piper’s clothing and a .38-caliber…

Isadore Alexander Piper and Willie Mae Starks appeal from judgments of imprisonment which were rendered after a jury found Piper guilty of shooting at an occupied vehicle (Pen. Code, § 246) and possession of a concealable firearm by a felon (Pen. Code, § 12021), and Starks guilty of shooting at an occupied vehicle (Pen. Code, § 246) and carrying a concealable firearm within a vehicle (Pen. Code, § 12025).

A truck driver, Ron Silva, was shot at four times from an automobile that had pulled alongside his truck moving on a freeway. While Silva was under fire he broadcast over his citizens' band radio a call for help. As the automobile passed him, he saw that it was a dented, white, mid-1960s Oldsmobile with two people in it. He also observed that it had two extra taillights mounted on its trunk. He broadcast a description of the car over his radio, and then stopped on the side of the freeway. A highway patrol officer who had heard Silva's radio broadcast stopped and spoke briefly with him, and then took off in pursuit of the assailants.

The officer was joined in the chase by four other highway patrol units. Within minutes he stopped a white, 1965 Oldsmobile…