Lawrence

Appellant Eric James Lawrence stands convicted, following a jury trial, of attempted unpremeditated murder, in the commission of which he personally used and intentionally discharged a firearm (Pen. Code, §§ 187, subd. (a), 664, 12022.53, subds. (b), (c), (e)(1); count 1), shooting at an inhabited dwelling (§ 246; count 2), assault with a firearm, in the commission of which he personally used a firearm (§§ 245, subd. (a)(2), 12022.5, subds. (a), (d); count 3), and assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1); count 4). Following a bifurcated court trial, appellant was found to have served two prior prison terms. (§ 667.5, subd. (b).) Sentenced to a total unstayed term of 30 years in prison, he now appeals, raising various claims of instructional and sentencing error. For the reasons that follow, we will remand the matter for correction of sentencing errors, but otherwise affirm.

FACTS

As of July 1, 2007, Craig Isherwood was staying at Devon Fox’s house in Tulare. Fox owned a Jeep Grand Cherokee, which she let appellant use. The night before, Isherwood saw appellant at Fox’s house. Appellant had a pistol-grip sawed-off shotgun.…