(Super. Ct. No. LF011134A)
The opinion of the court was delivered by: Robie , J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Joginder Singh Gill challenges his conviction for shooting at an occupied building on the grounds of insufficiency of the evidence and instructional error. Finding no merit in either of his arguments, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In late December 2008 and early January 2009, defendant worked at a gas station in Thornton. Defendant had recently purchased a car and, to make more money, wanted to switch to the night shift where employees received two hours of overtime pay. He asked his co-worker Hafiz Imran, who worked five nights a week, if he could switch shifts with him. Imran told defendant to talk to the manager, Nasim Tarin, about any possible shift changes.
When he talked to Tarin, defendant told Tarin that it was Imran who wanted to change shifts because Imran was afraid of working at night. When Tarin asked Imran about switching shifts, Imran said he was not afraid to work at night and did not want to switch shifts with defendant. Also around this time, Imran told defendant that, although defendant came to work on time, defendant needed to log on to the register earlier so Imran did not have to stay after his shift was over. Following these events, defendant and Imran stopped speaking to one another.
On January 5, 2009, at approximately 1:08 a.m., defendant drove by the gas station while Imran was working and fired one gunshot through the middle window of the station. The bullet travelled through the top of the window frame, entered the store, and continued to travel into the ceiling. The bullet did not exit the building and was never found. After firing, defendant made a U-turn and drove away.
Security cameras at a neighboring gas station recorded a blue Mustang, belonging to defendant's daughter, driving through the neighboring station and onto Thornton Road at the time of the shooting. Defendant's daughter had let defendant borrow her car because his car was in need of repair.
On January 8, 2009, a similar event occurred at the gas station. This time, however, one shot was fired from a blue minivan into the gas station. Defendant later admitted driving past the gas station at the time of both the shootings, being the only occupant of the cars, and carrying a gun. Defendant never admitted to firing a weapon.
Defendant was charged with two counts of shooting at an occupied building and two counts of attempted murder for the January 5 and January 8 shootings. The jury found defendant guilty of shooting at an occupied building for the January 5 incident but was hung as to the attempted murder charge for that date and found defendant not guilty of both charges for the January 8 incident. The ...