Martinez

Introduction

A jury convicted appellant Juan M. Martinez of attempted murder and found pursuant to Penal Code section 12022.53, subdivision (d) 1 that appellant personally and intentionally discharged a firearm causing great bodily injury. The court sentenced appellant to a base term of five years for attempted murder plus an enhancement of twenty-five years to life as required by section 12022.53.

Angered at a store owner who forced appellant out of his store, appellant returned with a .22-caliber rifle and shot the owner, who suffered great bodily injury in the stomach. On appeal appellant contends the trial court erred in admitting certain evidence despite a pretrial discovery violation, the evidence is insufficient to show that appellant intended to kill, and imposition of the 25-year-to-life enhancement pursuant to section 12022.53 is cruel *492 or unusual punishment. Finding no merit to these contentions, we affirm the judgment.

Facts

The victim, Francisco Perez, owned a furniture store in partnership with Maria Navarette. Appellant had been Ms. Navarette’s boyfriend for about eight months. Appellant had been in the store regularly because of her, and there had…