LAM

A jury convicted Hai Thanh Lam of discharging a firearm in a grossly negligent manner (Pen. Code, § 246.3), discharging a firearm at an unoccupied motor vehicle (§ 247, subd. (b)) and being a felon in possession of a firearm (§ 12021, subd. (a)(1)). Lam admitted two prior prison convictions within the meaning of section 667.5, subdivision (b). The court sentenced Lam to prison for four years.

Lam appeals, contending: (1) the court erred by not instructing the jury on all elements of the offense of discharging a firearm at an unoccupied motor vehicle, thereby denying Lam due process of law and the right to a jury determination of all issues; and (2) the evidence is insufficient to support Lam’s conviction for discharging a firearm at an unoccupied motor vehicle. We affirm the judgment.

FACTS

On January 8, 2003, Lam’s friend Jenny Nguyen was in her second-floor apartment on Maple Avenue in La Mesa. Nguyen’s friend Danny Du was also in her apartment. Nguyen knew Lam through her husband, who worked with Lam at Lam’s automobile repair shop. Nguyen said she and Lam were best friends, but she thought Lam was romantically interested in her.

At about 3:00 or 4:00 p.m., Lam…