P. v. Smith
Appellant was convicted, following a jury trial, of one count of first degree murder in violation of Penal Code[1]section 187, subdivision (a), one count of attempted premeditated murder in violation of sections 187 and 664, and one count of shooting at an occupied vehicle in violation of section 246. The jury found true the allegations that all three offenses were committed for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b). The jury also found true the allegations that a principal personally used and personally and intentionally discharged a handgun in the commission of the murder and attempted murder within the meaning of section 12022.53, subdivisions (b), (c), and (e)(1) and that a principal personally and intentionally discharged a firearm proximately causing great bodily injury and death in the commission of the murder within the meaning of section 12022.53, subdivisions (d) and (e)(1). The trial court sentenced appellant to a total of 80 years to life in state prison for the murder conviction and associated enhancements. Sentences for the attempted murder and shooting convictions were imposed concurrently.
Appellant appeals from the judgment of conviction, contending that there is insufficient evidence to support the verdict and also contending that the trial court erred in failing to stay sentence on the section 246 conviction pursuant to section 654. Court agree that sentence on the section 246 conviction must be stayed. Court affirm the judgment of conviction in all other respects.
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