Miranda

Defendant Humberto Miranda appeals from the judgment of conviction of attempted murder, second degree robbery, possession of a firearm by a felon and assault with a firearm. He contends principally (1) there was insufficient evidence to support the conviction on all of the substantive charges, as well as the gang enhancement, and (2) the trial court incorrectly calculated the sentence on the attempted murder conviction under the “Three Strikes” law. 1 We affirm.

PROCEDURAL BACKGROUND

Defendant was jointly charged with Steven Garcia and George Hernandez with the attempted premeditated murder (count 1) and second degree robbery (count 2) of Rustam K. Defendant alone was charged with being a felon in possession of a firearm (count 4). 2 The following Penal Code enhancements were also alleged against defendant as to each count:

It was also alleged that defendant’s prior convictions subjected defendant to sentencing under the Three Strikes law.

After the evidentiary portion of defendant’s separate trial, the information was amended to add an assault with a firearm charge (count 7) with enhancements pursuant to section 186.22, subdivision (b)(1) (gang enhancement) and…