P. v. Huerta
Moises Huerta appeals from the judgment following his jury trial and conviction of four counts of attempted willful, deliberate, premeditated murder; assault with a firearm; and possession of an assault weapon. (Pen. Code, 664, 187, subd. (a), 245, subd. (a)(2), 12280, subd. (b).)[1] The jury found several gun use allegations to be true. ( 12022.53, subds. (b), (c), 12022, subd. (a)(1), 12022.53, subd. (d), 12022.5, subd. (a).) The court sentenced appellant to serve life plus one hundred years in prison, including four consecutive life terms for the attempted murders, with a consecutive 25-year-to-life section 12022.53, subdivision (d) enhancement for each murder. Appellant contends that the trial court erred by admitting the preliminary hearing testimony of a prosecution witness and by imposing a five-year term for a section 12022.5, subdivision (a) gun use enhancement. Court reduce that gun use enhancement to a four-year term and otherwise affirm the judgment.
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