Echavarria

*1257 A jury found defendant and appellant Moses Manual Echavarria, guilty of (1) first degree murder ( Pen. Code, § 187, subd. (a) ) 1 ; and (2) assault with a firearm (§ 245, subd. (a)(2)). The jury found true the allegations that, during the murder, defendant personally and intentionally discharged a firearm causing death (§ 12022.53, subd. (d)); and personally used a *1258 firearm (§ 12022.5, subd. (a)). The jury also found true the allegation that, during the assault, defendant personally used a firearm. (§ 12022.5, subds. (a) & (d).)

Defendant moved the trial court for a new trial due to alleged juror misconduct. (§ 1181.) The trial court denied defendant's motion. The court sentenced defendant to prison for a determinate term of two years six months, and an indeterminate term of 50 years to life.

Defendant raises four issues on appeal. First, defendant contends the trial court erred by denying his motion for a new trial. Second, defendant contends the prosecutor erred by arguing the intent required for premeditated first degree murder is akin to choosing a beverage or a meal. Third, in the alternative, defendant asserts his trial counsel was ineffective for failing to…