Magana

I

Statement of the Case

Following a jury trial, defendant Cruz Magana was found guilty of one count of first degree murder and two counts of attempted murder. The jury found true several enhancement allegations, including the allegations that as to the attempted murder counts, defendant personally inflicted great bodily injury upon the two victims. (Pen. Code, § 12022.7.) Sentenced to state prison to a total term of life plus 11 years, defendant appeals.

II

Statement of Facts

The crimes arise out of a gang-motivated drive-by shooting. Defendant is a member of the Pomona 12th Street gang. Defendant’s gang sought retaliation against the Cherryville gang because a member of the latter had killed the seven-year-old son of a 12th Street gang member. Using a stolen car, defendant, David Adame, and two unidentified individuals drove into the Cherryville section of Pomona during the late afternoon of April 26,1990. A group of people were standing in front of the Gutierrez home. As the car passed the house, defendant, armed with a rifle or shotgun, and David Adame, armed with a handgun, jumped out of the vehicle and shot at the group, killing Jesus Gonzalez and seriously…