Roquemore

I. INTRODUCTION

Defendant, Marcel Roquemore, appeals from his convictions for two counts of attempted murder. (Pen. Code, §§ 187, subd. (a), 664.) The jury also found: the attempted murders were willful, deliberate and premeditated (§ 664, subd. (a)); defendant, a principal, personally used and discharged a firearm causing great bodily injury (§ 12022.53, subds. (b), (c), (d), (e)(1)); and the conduct promoted street gang activities. (§ 186.22, subd. (b)(1).) In the published portion of this opinion, we discuss whether defendant unequivocally asserted his right to counsel when interrogated on September 27, 2002. We conclude the question defendant asked concerning an attorney on September 27, 2002, was equivocal. Hence, defendant’s statements made on September 30, 2002, were properly admitted as evidence against him. (Davis v. United States (1994) 512 U.S. 452, 458-459 [ 129 L.Ed.2d 362 , 114 S.Ct. 2350 ]; People v. Gonzalez (2005) 34 Cal.4th 1111, 1122-1127 [ 23 Cal.Rptr.3d 295 , 104 P.3d 98 ].)

II. FACTUAL BACKGROUND

We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319 [ 61 L.Ed.2d 560 , 99 S.Ct. 2781 ]; People…