Berry

Michael Berry appeals from the judgment entered upon his conviction by jury of first degree murder, two counts of attempted murder, and one count each of second degree robbery and first degree burglary, with findings the murder was committed with personal use of a firearm and during the commission of the robbery and burglary. (Pen. Code, §§ 187, 664/187, 211,459,12022.5,190.2, subd. (a)(17).) He contends: “The trial court erred in imposing the firearm use enhancement (Pen. Code, § 12022.5) in the commission of the homicide because appellant did not use a firearm as prescribed [sic]; furthermore, the term imposed exceeds that authorized at the time of the offense.”

Viewed in accordance with the usual rules on appeal (People v. Barnes (1986) 42 Cal.3d 284, 303 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ]), the evidence established that at approximately 8 p.m. on May 10, 1989, Jesse Morrison and Nathan L. came to the Wilmington residence of the Cardenas family and asked for Cesar Cardenas, stating they wanted him to run a printing job for them. Lourdes Cardenas, Cesar’s sister, told them he would be home later. About an hour later, Morrison and Nathan L. returned to the residence…