Shaw

Defendant Vernon Shaw III appeals from the judgment of conviction of two counts of attempted murder (Pen. Code, §§ 664, 187, subd. (a); counts 1, 2), 1 three counts of assault with a semiautomatic firearm (§ 245, subd. (b); counts 4, 5, 7), three counts of discharging a firearm from a vehicle (§ 12034, subd. (c); counts 9, 10, 11), and related firearm enhancements (§§ 12022.53, subd. (d), 12022.55, 12022.5, subd. (a)(1)). 2 The offenses arose out of a drive-by shooting of seven individuals for which defendant, who was the actual shooter, received a prison sentence of 98 years to life.

On appeal he contends the trial court erred by failing to give a special accomplice instruction, giving CALJIC No. 2.03 relating to false statements, allowing the use of a demonstration firearm for illustrative purposes, not requiring jury findings on the objectives of the offenses, staying rather than striking a firearm use enhancement, and failing to award presentence conduct credits.

With the exception of defendant’s last claim, we find no error. As to his last claim, we find the trial court erred when it failed to grant presentence conduct credits without providing him with notice and…