P. v. Caesar
This matter involves convictions arising out of a confrontation between two groups of men in which guns were fired, killing one man and injuring several others.
The evidence at trial showed that Steven C. Godbolt was one of the shooters. A jury convicted Godbolt of one count of second degree murder (Pen. Code, 187, subd. (a)) and four counts of unpremeditated attempted murder ( 664, 187, subd. (a)). The jury also found that Godbolt personally and intentionally discharged a firearm with respect to each count, proximately causing great bodily injury or death ( 12022.53, subd. (d), 1192.7, subd. (c)(8)).
As Court explain, Court conclude (1) that Caesar's conviction on count 2 must be reduced to attempted unpremeditated murder; (2) that the trial court did not err in imposing consecutive sentences on Godbolt and Caesar; and (3) that this case must be remanded for resentencing because the trial court imposed an upper term sentence based on facts not found by a jury.
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