People v. Hebert CA4/2

INTRODUCTION

Defendant Colin William Hebert appeals from judgment entered following jury

convictions for two counts of attempted premeditated murder (Pen. Code, §§ 664 and

187, subd. (a);1 counts 1 and 2); three counts of assault with a firearm (§ 245, subd.

(a)(2); counts 3, 4, and 5); and one count of being a felon in possession of a firearm

(§ 12021, subd. (a)(1); count 6)). Defendant admitted he suffered a prior conviction for

purposes of being a felon in possession of a firearm (§ 667.5, subd. (b)). The jury found

true enhancement allegations that defendant personally discharged a firearm as to counts

1 and 2 (§§ 12022.53, subd. (d), and 1192.7, subd. (c)(8)); personally used a firearm as to

counts 3, 4, and 5 (§§ 12022.5, subd. (a), and 1192.7, subd. (c)(8)); and personally

inflicted great bodily injury as to count 4 (§§ 12022.7, subd. (a), and 1192.7, subd.

(c)(8)). The trial court sentenced defendant to a determinate term of 17 years in prison,

plus a consecutive indeterminate sentence of 64 years to life.

Defendant contends there was insufficient evidence to support his conviction for

attempted murder of Lizabeth Mandujano (count 1), and the prosecutor…