Jischke

Defendant fired a shot into the floor of his apartment and, hence, into the apartment below, striking an occupant of that lower dwelling. He was convicted in a jury trial of assault with a firearm and discharging a firearm at an inhabited building. The jury also found that defendant had personally used a firearm in the commission of the assault, but the jury found that defendant did not intentionally inflict great bodily injury upon the victim. (Before the trial began, defendant also pled guilty to being a felon in possession of a gun.) On appeal, defendant raises several challenges to the instructions given to the jury. We affirm the judgment.

Facts

Defendant, his girlfriend, and their two children lived at 241 Randolph Street in Napa. In the apartment below, at 243 Randolph Street, lived Betty Fry and her teenaged son, Joe Ortiz. Relations between the neighbors were cordial; defendant had visited Betty Fry’s apartment.

On the evening of February 11, 1994, 14-year-old Timothy Kennedy was visiting his friend, Joe Ortiz, and planned to spend the night. About 11:30 p.m., as the two boys were planning to go to bed, they heard the sounds of someone vacuuming in defendant’s…