Taylor

A jury convicted defendant of the following charges: count two, assault with a firearm on Darryl Lavan (Pen. Code, § 245, subd. (a)(2); further references to sections of an undesignated code are to the Penal Code); count three, attempted robbery of Shunn Oliver (§§ 664, 211); count four, assault with a firearm on Oliver (§ 245, subd. (a)(2)); and count seven, being a convicted felon in possession of a firearm (§ 12021, subd. (a)). 1 The jury also found true special gun-use allegations for count two (§ 12022.5, subd. (a)) and count three (§ 12022.53, subd. (b)). Defendant was sentenced to an 18-year state prison term.

On appeal, defendant argues, inter alia, there is no substantial evidence to support his convictions for counts three and four, both involving victim *321 Oliver. Defendant also makes two constitutional challenges to section 12022.53, which provides for a mandatory 10-year term for using a weapon in specified crimes. We shall affirm the judgment.

Facts

On February 11, 1998, at approximately 11:00 p.m., victims Lavan and Oliver were walking toward Big Ben’s Burgers on Del Paso Boulevard. Defendant and another man were standing on the comer. As the victims…