Velasquez

Andrew Francisco Velasquez fired a handgun 10 times at an occupied residence. A jury convicted him of numerous crimes and the trial court sentenced him to 38 years to life in prison. Among the convictions were five counts of assault with a firearm, in violation of Penal *1172 Code section 245, subdivision (a)(2). 1 Velasquez challenges four of these convictions due to erroneous jury instructions and as unsupported by substantial evidence.

The remainder of Velasquez’s arguments relate to his sentence. First, he challenges his sentence as violating his constitutional right to be free from cruel and unusual punishment. Next, he argues his sentence for possession of a loaded firearm (former § 12031, subd. (a)(1)) 2 must either be stayed pursuant to section 654 or vacated because the trial court relied on inappropriate factors in imposing an aggravated term. Finally, he argues the sentence on a second conviction for violating former section 12031, subdivision (a)(1) must be stayed pursuant to section 654.

We conclude some of Velasquez’s arguments have merit. First, we agree the four assault with a firearm convictions he challenges must be reversed because of a prejudicial…