P. v. Castillo
A jury convicted Jose Castillo of first degree murder (count 1); 4 counts of premeditated attempted murder (counts 2, 4, 5, and 6); and possessing a gun while a felon (count 3). On counts 1 and 2, the jury found Castillo and a principal discharged a firearm causing death or great bodily injury. On counts 1 to 2 and 4 to 6, the jury found Castillo and a principal discharged and used a firearm. On all counts, the jury found Castillo committed the crimes to further a gangs purposes. The court imposed a 190 years to life aggregate sentence: on count 1, 25 years-to-life plus a consecutive 25 years to life term for personally discharging a firearm causing death; and on each of counts 2 and 4 to 6, consecutive terms of 15 years to life plus consecutive 20 years to life terms for personally discharging a firearm. The court stayed sentence on count 3 and the remaining enhancements.
Castillo timely appealed. He contends the court erred in (I) denying his post verdict motion to substitute new appointed counsel to litigate a new trial motion challenging trial counsels effectiveness, accepting an involuntary waiver of the right to counsel, and denying his proper new trial motion;[2] (II) instructing the jury on concurrent intent for attempted murder of multiple victims in a zone of risk termed the kill zone[;][3] (III) imposing an excessive sentence constituting cruel and unusual punishment; and (IV) failing to stay a second restitution fine. Court reject these contentions and affirm the judgment.
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