P.

BACKGROUND

Jared Kurt lived in a third floor apartment directly above defendant‟s apartment. The apartments had thin floors and walls, and both defendant and another neighbor had complained several times both to Kurt directly and to the building manager about noise coming from Kurt‟s apartment. On the evening of March 17, 2011, when Kurt was in his apartment with Miguel Rosario, a friend, defendant knocked forcefully on the door and, when Kurt opened it, pointed a gun at his face with both hands, but said nothing. Kurt told him to lower the gun, then slammed and locked the door and moved away from it. Defendant then jiggled the door handle and fired two shots through the door at about chest level. After the shooting, defendant apologized from behind the closed door and asked Kurt to come back to the door and talk, which Kurt refused to do. Defendant was charged in count 1 with attempted murder in violation of Penal Code1 sections 664 and 187, subdivision (a), and it was alleged he personally and intentionally “discharged” a firearm in the commission of the offense (§ 12022.53, subd. (c)). Defendant was charged in count 2 with assault with a deadly weapon in violation of section…