P.

BACKGROUND

Procedural history Defendants were charged in count 1 of an amended information with the willful, deliberate and premeditated attempted murder of Eileen Vargas (Vargas), in violation of Penal Code sections 664 and 187, subdivision (a).1 It was further alleged as to count 1 that a principal personally used and discharged a firearm within the meaning of section 12022.53, subdivisions (b), (c), and (e)(1).2 In count 3, defendants were charged with an assault against Vargas by means likely to produce great bodily injury, in violation of former section 245, subdivision (a)(1).3 It was further alleged that Pina personally used a

All further statutory references are to the Penal Code, unless otherwise indicated.

Count 2, in which Pina was charged with the attempted willful, deliberate, and premeditated murder of a different victim, was severed and tried separately.

At the time of the offense, section 245, subdivision (a)(1), punishes assaults “with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury . . . .” In the current version of section 245, punishment for assaults by means of force…