P. v. Ruiz
Defendant was convicted by jury trial of various crimes arising from two separate shootings of members or associates of rival gangs. On appeal, defendant contends (1) insufficient evidence supported the conviction for shooting at an inhabited vehicle because he opened the door to the vehicle before shooting into it; (2) insufficient evidence supported the gang enhancements; and (3) his sentence violated Blakely v. Washington (2004) 542 U.S. 296 and its progeny. In light of the recent case of Cunningham v. California (2007) 549 U.S., 127 S.Ct. 856 (Cunningham), Court find merit in defendants third claim. Court therefore vacate the sentence on count 7 and remand for resentencing. Court affirm in all other respects.
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