Davis

A jury convicted appellant of one count of robbery (Pen. Code, § 211) (count 1) and one count of attempted murder (§§ 187, subd. (a), 664) (count 2). With respect to the robbery count, an allegation that appellant personally used a firearm in the commission of the offense (§ 12022.5, subd. (a)) was found to be true. With respect to the attempted murder count, allegations that appellant personally used a firearm in the commission of the offense (§ 12022.5, subd. (a)), discharged a firearm at an occupied motor vehicle which caused great bodily injury to another (§ 12022.5, subd. (b)(1)), and personally inflicted great bodily injury (§ 12022.7) were found to be true. The jury also found the attempted murder was willful, deliberate and premeditated.

On count 1, the court sentenced appellant to the upper term of five years and a consecutive middle term of four years for use of a firearm. On count 2, the court sentenced appellant to life with the possibility of parole and a consecutive term of five years under section 12022.5, subdivision (b)(1), for inflicting great bodily injury by firing at an occupied motor vehicle. The life sentence and five-year enhancement on count 2…