P. v. Guajaca
An information charged appellant Robert Guajaca with the premeditated murder of Shigeru Nagao in violation of Penal Code section 187, subdivision (a) (count one), and the attempted murder of Enoka Fuailetolo in violation of section 187, subdivision (a) and section 664 (count two). The attempted murder of Fuailetolo was alleged to have been committed willfully, deliberately and with premeditation. The information further alleged that appellant personally and intentionally discharged a firearm within the meaning of section 12022.53, subdivisions (b) through (d), and that both the charged offenses were committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote, further and assist in criminal conduct by gang members within the meaning of section 186.22, subdivision (b)(1)(A).
The jury found appellant guilty as charged and found the special allegations true. The court sentenced appellant to a term of 25 years to life plus 25 years to life on the firearm enhancement on count one, and a life sentence plus an additional 25 years to life on the firearm enhancement on count two, all to be served consecutively.
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