What are the factors used to determine whether a defendant may not have been convicted of violations of section 245(a)(1) of the Penal Code during the course of an assault?

On appeal, defendant contends (1) he may not be convicted of violations of both section 245(a)(1) and section 245(a)(4) during the course of a single assault because each subdivision describes a different way of violating section 245; (2) the 25-years-to-life sentence imposed for the violation of section 245(a)(4) must be vacated because the offense of assault by means of force likely to produce great bodily injury does not qualify for indeterminate sentencing; (3) the five-year enhancement imposed under section 667, subdivision (a)(1) for discharge of a firearm in a grossly negligent manner ( 246.3) must be vacated because the evidence was insufficient to prove section 246.3 is a serious felony; and (4) the trial court's denial of defendant's request to strike one or more of his prior strike convictions pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) was an abuse of discretion because the trial court relied on factors unsupported by substantial evidence.

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