P. v. Trejo
Filed 6/30/06 P. v. Trejo CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. ALDRIN JESUS TREJO, Defendant and Appellant. | G037142 (Super. Ct. No. 02CF2243) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Richard F. Toohey, Judge. Affirmed as modified.
Brett Harding Duxbury, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Pamela Ratner Sobek and Ronald A. Jakob, Deputy Attorneys General, for Plaintiff and Respondent.
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Introduction
A jury convicted Aldrin Jesus Trejo of one count of first degree murder (Pen. Code, § 187, subd. (a) (count 1); all further code references are to the Penal Code unless otherwise noted) under an aiding abetting theory, and one count of street terrorism (§ 186.22, subd. (a) (count 2)). As to count 1, the jury found true a special circumstance allegation that Trejo committed the murder for a criminal street gang purpose within the meaning of section 190.2, subdivision (a)(22), and found true a conduct enhancement allegation the murder was committed for the benefit of, at the direction of, and in association with, a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(A). Also as to count 1, the jury found true the allegation Trejo vicariously discharged a firearm, causing death, within the meaning of section 12022.53, subdivisions (d) and (e)(1).
The trial court sentenced Trejo to a term of 25 years to life for the special circumstance murder conviction with a consecutive 25-years-to-life term on the enhancement for vicarious discharge of firearm. The court imposed a concurrent two-year term for the street terrorism conviction and found â€
