Rodriguez

—Gilbert Rodriguez appeals from the judgment entered following a jury trial that resulted in his conviction of the first degree murder of David Hernandez (Pen. Code, § 187) with an attending “special circumstance” (Pen. Code, § 190.2, subd. (a)(2)), and the attempted murders of Anthony Crespin, Manuel Sanchez, Rogelio Rodriguez, and Javier Huerta (Pen. Code, §§ 664, ¡187). The jury found appellant personally used a firearm in committing each of the offenses (Pen. Code, § 12022.5), and intentionally inflicted great bodily injury upon one of the attempted murder victims, Rogelio Rodriguez (Pen. Code, § 12022.7).

Appellant was sentenced to state prison for a term of life without the possibility of parole for the special circumstance murder and concurrent terms of seven years for each of the attempted murders. Each of the latter terms was enhanced by two years for firearm use; one such enhancement period was stayed pursuant to the decision in In re Culbreth (1976) 17 Cal.3d 330 [ 130 Cal.Rptr. 719 , 551 P.2d 23 ], and a second such enhancement period, for use of a firearm in attempting to murder Rogelio Rodriguez, was stayed pursuant to Penal Code section 1170.1. The term…