P. v. Armster
In a third amended information, Tony Armster, Manuel Varela, and Reina Reyes were charged with one count of conspiracy to commit murder (Pen. Code, 182, subd. (a)(1); count 1), five counts of willful, deliberate, and premeditated attempted murder ( 664, 187, subd. (a); counts 2-6), one count of assault with a firearm ( 245, subd. (a)(2); count 7), and one count of discharging a firearm at an inhabited dwelling ( 246; count 8). Reyes was also charged with one count of making criminal threats. ( 422; count 9.) As to Armster and Varela, various firearm enhancements within the meaning of sections 12022.53, subdivisions (c) and (d) and 12022.5, subdivision (a) were alleged in counts 1 through 8.[2] As to Reyes, it was alleged a principal was armed with a firearm in counts 1 through 6 and 8, within the meaning of section 12022, subdivision (a)(1). Reyes further claims that her consecutive sentence on count 7 (assault with a firearm) should have been stayed in view of her consecutive sentence on count 8 (shooting an inhabited dwelling). Lastly, defendants claim the trial court abused its discretion in imposing consecutive sentences on all counts, and their consecutive sentences and Reyess upper term sentence on count 8 violate their right to a jury trial under Blakely. Court find each of these claims without merit.
Accordingly, Court modify the judgments to stay defendants sentences and enhancements on count 1, the conspiracy to commit murder count. In all other respects, Court affirm the judgments.
Comments on P. v. Armster