People v. Echavarria

*1257A jury found defendant and appellant Moses Manual Echavarria, guilty of (1) first degree murder ( Pen. Code, § 187, subd. (a) )1 ; and (2) assault with a firearm (§ 245, subd. (a)(2)). The jury found true the allegations that, during the murder, defendant personally and intentionally discharged a firearm causing death (§ 12022.53, subd. (d)); and personally used a *1258firearm (§ 12022.5, subd. (a)). The jury also found true the allegation that, during the assault, defendant personally used a firearm. (§ 12022.5, subds. (a) & (d).)2

Defendant moved the trial court for a new trial due to alleged…