Meza

— Appellant was charged with one count of violating Penal Code section 187 (murder, count I), three counts of violating Penal Code section 217 (assault with intent to commit murder, counts II, III, IV), and two counts of violating Penal Code section 245, subdivision (a) (assault with a deadly weapon, counts V, VI). He was also charged with violation of Penal Code section 182 (conspiracy to commit murder and assault with a deadly weapon, count VII), with the personal use of a firearm during the commission of counts I, II, V, and VI, and with a great bodily injury allegation in conjunction with count II.

Following a trial by jury, appellant was sentenced to state prison for the upper term of six years on his conviction for the lesser but necessarily included offense of voluntary manslaughter. An additional two-year consecutive term for the use allegation was stayed. Appellant was also given the midterm of three years for his conviction for three assault with a deadly weapon offenses, with all of these sentences to run concurrently with the six-year term.

The facts giving rise to the prosecution, stated briefly, were that appellant and his codefendants Henry Diecidue and…