Chinchilla

Defendant and appellant Elio Chinchilla appeals from the judgment entered following a jury trial which resulted in his conviction of assault with a firearm, multiple counts of assault with a firearm upon a peace officer and attempted murder. He contends there was insufficient evidence of intent to kill to support the attempted murder convictions as to two different victims and that the jury instruction given incorrectly defined reasonable doubt. After review, we affirm the judgment. In the published portion of this opinion, we hold that intent to kill two different victims can be inferred from evidence that the defendant fired a single shot at the two victims, both of whom were visible to the defendant.

Procedural Background

Defendant was charged by information with assault with a firearm upon Roberto Guzman (Pen. Code, § 245, subd. (a)(2)) (count 1); attempted premeditated murder of Gregory Clark (Pen. Code, §§ 664, 187, subd. (a)) (count 2); assault with a firearm upon peace officer Gregory Clark (Pen. Code, § 245, subd. (d)(1)) (count 3); attempted premeditated murder of Scott Peterson (Pen. Code, §§ 664,187, subd. (a)) (count 4); assault with a firearm upon peace…