Bechler

Rodney Lee Bechler appeals his conviction by court trial of three counts of assault with a fireárm on a firefighter (Pen. Code, § 245, subd. (d)(1)), with personal use of a firearm (§ 12022.5, subd. (a)). He contends there is insufficient evidence that the victims were firefighters under section 245, subdivision (d)(1), and that the court erred in imposing the upper term.

Background

Approximately 4:30 p.m. on April 18, 1996, Firefighter/Engineer Steve Elledge, Captain Robert Glankler and Firefighter/Paramedic Emad Guirguis, members of the Vacaville Fire Department, were dispatched to appellant’s home regarding a reported drug overdose. After parking the fire engine Elledge, Glankler and Guirguis approached a young girl in the driveway who directed Elledge and Glankler to appellant, her father, who was inside the house. Elledge knocked on the front door and said, “Fire Department.” After receiving no response he knocked again and repeated the announcement. Appellant’s face quickly appeared in a side window next to the door, then disappeared. Elledge again yelled “Fire Department,” and received no response. Elledge and Glankler sensed that something was “not right,” and…