P. v. Pacheco
A jury convicted defendant and appellant David M. Pacheco (defendant) of first degree murder (Pen. Code, 187, subd. (a)[1]), two counts of attempted murder ( 664/187, subd. (a)), and being a felon in possession of a firearm ( 12021, subd. (a)(1)). As to the murder and attempted murder convictions, the jury found true the special allegations that defendant personally used a firearm ( 12022.5, subd. (a)(1), 12022.53, subd. (b)), personally discharged a firearm (12022.53, subd. (c)), personally discharged a firearm causing great bodily injury and death (12022.53, subd. (d)), and personally discharged a firearm at an occupied motor vehicle, causing great bodily injury and death ( 12022.5, subd. (b)(1)). The jury also found true the special allegations that defendant was on probation when he committed murder and attempted murders (12022.1, subd. (f)) and that he committed those offenses for the benefit of a criminal street gang (186.22, subd. (b)(1)(A)). The trial court sentenced defendant to state prison for 130 years to life, plus eight months. On appeal, defendant contends that the trial court erred when it failed to instruct the jury, sua sponte, on voluntary manslaughter and attempted voluntary manslaughter as lesser included offenses of murder and attempted murder, and that there is insufficient evidence to support the criminal street gang sentence enhancement. Court affirm.
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