Gray

Defendant, George C. Gray, appeals from a judgment of conviction entered on a jury verdict finding him guilty of attempted murder (Pen. Code, §§ 187, 664), with use of a firearm (Pen. Code, § 12022.5) and great bodily injury (Pen. Code, § 12022.7) with a prior conviction (Pen. Code, § 1203,06, subd. (a)); assault with a deadly weapon (Pen. Code, § 245, subd. (a)), coupled with use of a firearm (Pen. Code, § 12022.5); and carrying a weapon capable of being concealed, with a prior felony conviction (Pen. Code, § 12021). He contends that: 1) he should not have been convicted of the great bodily injury count as Penal Code section 12022.7 does not apply to attempts; 2) he was denied due process by the People’s repeated Griffin error; 3) the admission of his confessions made in the absence of counsel and after violation of Miranda rights constituted prejudicial error; 4) the imposition of sentence pursuant to Penal Code section 664 was cruel and unusual punishment as it exceeded the punishment prescribed for the more specific offense of attempted murder; and 5) attempted murder, which is punishable pursuant to Penal Code section 217, should not be prosecuted under the general…