P. v. Harling
Defendant, Marcel Dion Harling, appeals from his convictions for two counts of second degree murder (Pen. Code,[1] 187, subd. (a)) and one count of attempted murder. ( 187, subd. (a), 664.) Defendant also appeals from the jurors findings that: a principal personally used a firearm; the firearm use proximately caused great bodily injury and death; and that the offenses were committed for the benefit of a criminal street gang. ( 186.22, subd. (b)(1), 12022.53, subds. (b), (c), (d).) Defendant contends: there was instructional error in connection with the gang allegation; the evidence is insufficient to support the gang allegation which in turn requires reversal of all firearm use findings; it was error to impose a 15-year minimum term; and he is entitled to an additional day of presentence credit. The Attorney General argues that additional court security fines must be imposed. Court reverse the gang enhancement and firearm use findings based on sufficiency of the evidence grounds, remand to permit the trial court to exercise its discretion as to the determinate unpremeditated murder sentence, award an additional day of presentence credit, and increase the amount of court security fines.
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