A jury found defendant guilty of murder in the second degree (Pen. Code, §§ 187, 189) and "ASSAULT WITH A DEADLY WEAPON AND BY MEANS OF FORCE LIKELY TO PRODUCE GREAT BODILY INJURY...." (Pen. Code, § 245, subd. (a).) Firearm use was found as to each count. (Pen. Code, § 12022.5.) For reasons which follow, we shall affirm the conviction for murder and reverse the conviction for assault.
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