Perez

Edgar I. Perez appeals from the judgment entered upon his conviction by jury of attempted murder, in the commission of which he personally and intentionally used and discharged a firearm, causing great bodily injury (Pen. Code, §§ 664, 187, subd. (a), 12022.53, subds. (b), (c), (d)), and two counts of making criminal threats, in the commission of which he personally used a firearm (Pen. Code, §§ 422, 12022.5, subd. (a)(1)). The jury found that the attempted murder was committed for the benefit of a criminal street gang within the meaning of Penal Code section 186.22, subdivision (b)(1). Appellant was sentenced to prison for nine years for attempted murder, with a firearm enhancement of 25 years to life, and to a consecutive term of eight months, with a firearm use enhancement of one year four months, on each of the criminal threat counts. In addition, he was sentenced to a term of life for the criminal street gang enhancement.

Appellant contends that (1) the trial court failed to instruct the jury on the lesser included offense of attempted criminal threat; (2) the evidence was insufficient to support the conviction of making a criminal threat against Sagun Chhin; (3)…