P. v. Maddaleno
A jury convicted appellant Wilbert Filogonio Magdaleno (Magdaleno) of attempted first degree murder pursuant to Penal Code sections 664, 187, subdivision (a) and 189. Additionally, the jury found true 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), and that Magdaleno discharged a firearm, causing great bodily injury, within the meaning of section 12022.53, subdivision (d). Magdaleno was sentenced to 40 years to life imprisonment. Specifically, he was given 15 years to life for attempted first degree murder and an additional 25 years to life for the firearm enhancement under section 12022.53, subdivision (d). On appeal, Magdaleno contends that his constitutional rights were violated because: (1) his conviction was based on an identification that was the product of a suggestive photographic lineup; and (2) he was denied an opportunity to confront witnesses who provided hearsay statements that supported the gang allegation. Court find no error and affirm.
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