Garcia

Appellant Anthony Robert Garcia challenges his murder, attempted murder, and shooting at an inhabited dwelling convictions on the grounds of prosecutorial misconduct, instructional error, and sentencing error. We conclude the prosecutor did not engage in prejudicial misconduct. The trial court correctly instructed the jury regarding the requisite intent for attempted murder with an allegation of premeditation and deliberation and was not required to instruct on firing a gun with gross negligence as a lesser included offense. The court permissibly sentenced appellant for both attempted murder and shooting at an inhabited dwelling; enhanced his sentence under Penal Code section 12022.53, subdivision (c); and stayed enhancements under Penal Code section 12022.53, subdivision (b).

On the night of February 11, 2005, Robert Rojas stepped outside his house after he heard shouting. Four or five men approached him from the front of the lot and one of them asked where he was from. He replied, "Nowhere." The man cursed Rojas and said "Sereno," which was the name of a nearby gang. The men then began to shoot at him. Rojas's mother, Rosa De La Torre, looked at a surveillance system…