P. v. Arreygue
Appellant was convicted of one count of attempted premeditated murder (count 1), three counts of assault with a firearm (counts 2, 3, and 4), one count of shooting at an occupied motor vehicle (count 6), and related allegations. He was sentenced to an indeterminate term of 40 years to life on count 1, consecutive to a determinate term of 33 years on counts 2, 3, and 4. He argues, and respondent concedes, that count 6 must be stricken due to the statute of limitations. Appellant and respondent further agree that there are problems with the length of the street gang enhancements that were imposed on counts 3 and 4. The only disputed issue is the effect of Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856](Cunningham) on imposition of the upper term on count 2.
Court strike count 6, modify the sentence on the gang enhancements on counts 3 and 4, and otherwise affirm.
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