Ramirez

I. INTRODUCTION

Defendant, Richard Mario Ramirez, appeals after a jury convicted him of shooting at an occupied automobile (Pen. Code, § 246) and found he personally discharged a firearm from an automobile, thereby killing the victim (§§ 12022.53, subds. (b), (c), 12022.55). The jury found as follows: defendant was guilty of discharging a firearm in violation of section 246; defendant discharged a firearm in violation of section 12022.53, subdivisions (b) and (c); and defendant discharged a firearm from an automobile, which caused the death of Mr. Rubinos within the meaning of section 12022.55. After a record correction motion was granted, defendant was sentenced to the following sentence: five years for discharging the firearm into the car; 25 years to life pursuant to section 12022.53, subdivision (d); plus six years pursuant to section 12022.55. The section 12022.53, subdivisions (b) and (c) enhancements were stricken but not the jury findings in that regard. Defendant argues the evidence was insufficient to support the section 246 conviction and the trial court could not impose the indeterminate section 12022.53, subdivision (d) term.

In the published portion of the…