What is the standard of review for a defendant who was convicted of discharging a firearm in a grossly negligent manner?

Defendant was convicted of discharging a firearm in a grossly negligent manner. ( 246.3, subd. (a).) Section 246.3, subdivision (a), generally makes it a crime to "willfully discharge[ ] a firearm in a grossly negligent manner which could result in injury or death to a person." "[T]he elements of section 246.3[, subdivision ](a) are: '(1) the defendant unlawfully discharged a firearm; (2) the defendant did so intentionally; (3) the defendant did so in a grossly negligent manner which could result in the injury or death of a person.' [Citations.]" (People v. Ramirez (2009) 45 Cal.4th 980, 986.) "The risk element requires the likely presence of people in the area, not the actual presence of a specific person." (Id. at p. 987.)

1. Standard of Review

" '[A]ssertions of instructional error are reviewed de novo.' [Citation.] Whether or not the trial court should have given a 'particular instruction in any particular case entails the resolution of a mixed question of law and fact,' which is 'predominantly legal.' [Citation.] As such, it should be examined without deference." (People v. Hernandez (2013) 217 Cal.App.4th 559, 568 (Hernandez).)

2. Legal Principles