P.

INTRODUCTION

Appellant Derrick Lamonte Rice was convicted of attempted murder, assault with a firearm, unlawful possession of a firearm, and unlawful possession of ammunition. The jury found true that the attempted murder was deliberate and premeditated, and that appellant personally and intentionally discharged a firearm causing great bodily injury. In a bifurcated court trial, the trial court found true that appellant suffered two prior serious felony convictions under Penal Code section 667, subdivision (a)1 and found true various aggravating sentencing factors. Appellant was sentenced to an aggregate term of 67 years to life consecutive to a determinate term of 10 years in state prison. On appeal, appellant claims there was insufficient evidence to support the jury’s finding that the attempted murder was deliberate and premeditated, that his counsel was prejudicially ineffective for failing to object to his statements to police which were obtained in violation of Miranda,2 and that the trial court erroneously imposed two five- year prior serious felony conviction enhancements under section 667, subdivision (a)(1). The People agree that one of the five-year enhancements under…