People v. Johnson

A jury convicted defendant of four counts of the lesser offense of attempted voluntary manslaughter (Pen. Code, §§ 664, 192, subd. (a)), as necessarily included in the charges of attempted murder, and four counts of assault with a semiautomatic firearm. (Pen. Code, § 245, subd. (b); statutory references to sections of an undesignated code are to the Penal Code.) With respect to each of the latter counts the jury found true allegations that defendant personally used a firearm “within the meaning of Penal Code section 12022.5(a) and (d).” The jury also found defendant guilty of discharging a firearm at an occupied motor vehicle (§ 246), and being a convicted felon in possession of a firearm (§ 12021, subd. (a)) and, with respect to one of the victims, found true allegations that defendant inflicted great bodily injury (§ 12022.7).

Sentenced to state prison, defendant appeals. He contends the trial court erred in failing, sua sponte, to instruct on attempted involuntary manslaughter and in imposing the four firearm use enhancements. We affirm.

Shane Dugger and his friends Spencer Bracey and Troy Lathers and Dugger’s 10-year-old nephew, Lee Talbert, were in Bracey’s…