Morales

In this case, we hold that a defendant cannot be convicted of the crime of shooting at an inhabited dwelling if he or she is inside the attached garage of the dwelling and fires gunshots into the house.

Defendant Juan Jose Morales appeals from a judgment entered upon a jury verdict finding him guilty of possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)) (counts I, V, and XII); possession of ammunition by a felon (§ 12316, subd. (b)(1)) (counts II and VI); attempting to evade a police officer (Veh. Code, § 2800.2, subd. (a)) (count III); misdemeanor resisting and obstructing a police officer (§ 148, subd. (a)(1)) (count IV); child abuse likely to create great bodily harm (§ 273a, subd. (a)) (count VII); assault with a firearm (§ 245, subd. (a)(2)) (count IX); shooting at an inhabited dwelling (§ 246) (count X); and first degree burglary (§ 459) (count XI). Various enhancement allegations were also found true. Defendant was sentenced to 10 years plus 25 years to life in prison.

Defendant contends there is insufficient evidence to support two of the counts, and that the trial court committed sentencing error.

I. FACTUAL BACKGROUND

A. Events of November…