People v. Palenzuela CA5

INTRODUCTION

In April 2012, appellant Thomas Mojica Palenzuela fired a single shot from a semi-automatic handgun, injuring one victim in the arm although he was aiming at a second victim. As relevant to this appeal, a jury convicted him of attempted murder of both victims (Pen. Code, §§ 664/187, subd. (a); counts 1 & 2),1 finding true the special allegation appellant inflicted great bodily injury in count 1 upon the first victim (§ 12022.53, subd. (d)). The jury also convicted appellant of assault with a firearm (§ 245, subd. (a)(2); counts 3 & 4) as to the first victim, finding true that appellant inflicted great bodily injury (§ 12022.7). In addition, the jury convicted appellant of being an active participant in a criminal street gang (§ 186.22, subd. (a); count 5). On appeal, appellant contends the evidence was insufficient to support his intent to kill the first victim or to support the jury’s true findings that the first victim suffered great bodily injury in counts 1 and 3. We find these arguments unpersuasive. Appellant raises three additional issues: first, the trial court erred when it imposed prison terms in count 2 for two firearm enhancements under sections 12022.53…