People v. Cruz

Opinion

WOODS (Fred), J.

Convicted by jury of assault with a firearm (Pen. Code, § 245, subd. (a)(2); count I; statutory references, unless otherwise noted, are to the Penal Code) and discharging a firearm at an occupied building (§ 246; count II) appellant contends: (1) the intent required by section 246 is “the intent to strike the building”; (2) imposition of the upper term on count II was an abuse of discretion; (3) by imposing concurrent terms the trial court violated section 654; (4) the trial court erred in refusing to give CALJIC No. 2.01 (Sufficiency of Circumstantial…