P.

FACTS

Due to the posture of the case and the sole issue on appeal, we need not delve into the facts of this case too deeply. At a birthday party in 2005, a shooting took place outside the home where the party was taking place. A number of people were shot at and several were hit by gunfire. Victor Ortiz, who had apparently been invited to the party, had brought defendant with him. Ortiz heard several gunshots and saw defendant fire a gun from the vehicle in which they were leaving the scene. When the police arrived, a witness described the man who had fired the gun from the car. Another witness said “I think this is him,” when he saw defendant‟s picture in a photo array. About a week after the shooting, defendant told another witness he had shot out of the car and thought he had shot a man. He asked this witness not to say anything if the police spoke to her. Defendant was charged with attempted premeditated murder (§§ 664, 187, subd. (a); count one), participation in a criminal street gang (186.22, subd. (a), count two), assault with a firearm (§ 245, subd. (a)(2), count three), and shooting from a motor vehicle (former § 12034, subd. (c), now § 26100, subd. (c), count four). A…