P.

Filed 3/6/13 P. v. Pitney CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A128127

v. PHILLIP PITNEY, (City & County of San Francisco Super. Ct. No. 209488) Defendant and Appellant.

After a jury trial defendant Phillip Pitney was convicted of attempted murder “done willfully and with deliberation and premeditation” (Pen. Code,1 §§ 187, subd. (a), 664) (count one), assault with a semiautomatic firearm (§ 245, subd. (b)) (count two); and active participation in a criminal street gang (§ 186.22, subd. (a)) (count three). As to counts one and two, the jury found true allegations of related sentence enhancements for firearm use, great bodily injury, and that the crimes were committed for the benefit of, at…