P.

INTRODUCTION

Defendant Tom Love Vinson appeals from a judgment of conviction entered after a jury found him guilty of one count of first degree murder (Pen. Code, § 187, subd. (a); count 1), two counts of attempted willful, deliberate and premeditated murder (id., §§ 187, subd. (a), 664; counts 2 and 3), and one count of attempted voluntary manslaughter (id., §§ 192, subd. (a), 664; count 4). The jury found true the allegations defendant personally and intentionally discharged a firearm, causing great bodily injury on the victims (id., § 12022.53, subds. (b), (c) & (d)), and the crimes were committed for the benefit of a criminal street gang (id., § 186.22, subd. (b)(1)(C)). The jury also found true the allegation that in the commission of the voluntary manslaughter, defendant personally used a firearm (id., § 12022.5, subd. (a)). The trial court sentenced defendant to 130 years to life, plus a determinate term of 25 years and six months. On appeal, defendant challenges his conviction of attempted voluntary manslaughter and his sentence. We affirm the convictions but remand for resentencing.

FACTS

A. Prosecution On the evening of October 30, 2009, a homecoming football game was…