P.

Filed 3/12/13 P. v. Flemming 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

A130683

v. DAJUAN FLEMMING, (Alameda County Super. Ct. No. C162878) Defendant and Appellant.

This is an appeal from final judgment after a jury convicted defendant Dajuan Flemming of special circumstance first degree murder and attempted premeditated murder with enhancements for personal infliction of great bodily injury, discharge of a firearm from a motor vehicle, and personal use of a firearm. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On February 22, 2010, an information was filed charging defendant with the following crimes: (1) first degree murder with the special circumstance of discharging a firearm from a…