People v. Herrera

Opinion

COUGHLIN, J.

Defendant Herrera and a codefendant Rodriguez, were charged with the offenses of assault with a deadly weapon (Pen. Code, § 245), in count I, and discharging a firearm at a vehicle on a highway with intent to do great bodily injury (Veh. Code, § 23110), in count II; were tried by a jury; and were found guilty of both offenses. At the time of sentencing, upon motion of the district attorney because dual punishment was proscribed, the charge of discharging a firearm on a highway with intent to commit great bodily injury was dismissed. Both defendants were sentenced to…