P. v. Carrillo
Defendant was convicted by a jury of one count of aggravated assault (Pen. Code, 245, subd. (a)(1)) and four counts of attempted premeditated and deliberated murder ( 187, subd. (a), 664). True findings were made that all the crimes were committed for the benefit of a criminal street gang ( 186.22, subd. (b)(1)), Defendant personally used a knife to commit the aggravated assault ( 12022, subd. (b)(1)), and during the attempted murders, a principal intentionally discharged a firearm resulting in great bodily injury to one of the victims ( 12022.53, subds. (b), (c), (d), & (e)(1), 12022.5, subd. (a)(1)). Defendant was sentenced to a determinate term of nine years followed by an indeterminate term of 160 years to life.
Defendant contends hearsay statements indicating he was not present at the shootings were improperly excluded, instructions on a "kill-zone" theory were legally insufficient, unanimity instructions were improperly omitted and the deadly weapon enhancement attached to the aggravated assault charge should be stricken. Court agree the deadly weapon enhancement should be stricken but in all other respects affirm the judgment.
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