Rhodes

Lenard Laffayette Rhodes appeals from a judgment after a jury convicted him of two counts of attempted voluntary manslaughter, shooting at an occupied motor vehicle, and shooting from a motor vehicle at a person other than the occupant of a motor vehicle, and found true several firearm related enhancements. Rhodes argues the trial court erred in refusing to instruct the jury with CALJIC No. 5.50 and in instructing the jury with CALJIC No. 12.50. Rhodes also contends the abstract of judgment should be amended to show he was convicted of shooting at an occupied motor vehicle and not at an inhabited dwelling house. Because we conclude the instructional error was prejudicial and reverse his convictions, we need not address his other argument.

FACTS

Rhodes was at Brandell Overstreet’s residence, at the Motel 6 in the City of Stanton, helping him move when Demetrius Factory arrived. Rhodes and Factory, who had known each other for about 10 years, got into an argument and then a fight over a rental car. Overstreet stopped the fight.

Three days later, Rhodes and Overstreet were standing in front of Over-street’s parents’ house when Factory and his cousin, Damion Wright, drove…