P. v. Salinas
Luis Miguel Salinas appeals from a judgment entered upon his conviction by jury of attempted murder (Pen. Code, 664/187, subd. (a)). The jury also found to be true the firearm use allegations within the meaning of section 12022.53, subdivisions (b) through (d) and the allegation that the offense was committed for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(A). The trial court sentenced appellant to the upper term of nine years in prison for the attempted murder conviction, plus 10 years for the gang enhancement and 25 years to life for the firearm enhancement under section 12022.53, subdivision (d). Appellant contends that (1) the trial court prejudicially erred and deprived him of due process by instructing the jury that he could be guilty of attempted murder on an aiding and abetting theory, and (2) the sentence of 25 years to life authorized by section 12022.53 is unconstitutional as a cruel and unusual punishment. Court affirm.
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