Lashley

Defendant Mark Shane Lashley was convicted in a court trial of attempted murder (Pen. Code , §§ 187, subd. (a), 664), assault with a firearm (§ 245, subd. (a)(2)), civil rights violations (§§ 422.6, 422.7), and brandishing a weapon (§ 417, subd. (a)(2)). Enhancement allegations for personal use of a firearm and intentional infliction of great bodily injury during the attempted murder and assault with a firearm charges were found to be true (§§ 12022.5, 12022.7). Following the denial of his motion for new trial, defendant was sentenced to state prison for an aggregate term of 14 years and 8 months. This appeal follows. We affirm.

Facts

Prosecution’s Evidence

This sad tale of racial asperity began June 26, 1988, when Terence Goudeau and his three cousins, Dennis, Kelvin, and Trenton Wilson, decided to fish along the shore of B aliona Creek in Marina Del Rey. Failing to notice a sign prohibiting fishing and trespassing in the area, the group walked the short distance from their car to the rocky bank of the channel. As they passed an adjacent apartment complex, defendant, who was leaning over his second story balcony railing, yelled out, “What kind of fish you gonna catch,…