P. v. Arceo
Ramon Arceo appeals from the judgment entered following his convictions by jury on two counts of attempted willful, deliberate, and premeditated murder (Pen. Code, 664, 187; counts 1 & 2) with, as to each count, findings that appellant personally used a firearm (Pen. Code, 12022.53, subd. (b)), personally discharged a firearm (Pen. Code, 12022.53, subd. (c)), and committed the offense for the benefit of a criminal street gang (Pen. Code, 186.22, subd. (b)(1)(C)), and with, as to count 1 only, a finding that appellant personally discharged a firearm causing great bodily injury (Pen. Code, 12022.53, subd. (d)), and following his convictions on two counts of assault with a firearm (Pen. Code, 245, subd. (a)(2); counts 3 & 4) with, as to each count, findings that appellant personally used a firearm (Pen. Code, 12022.5, subd. (a)), and committed the offense for the benefit of a criminal street gang (Pen. Code, 186.22, subd. (b)(1)(C)), and with, as to count 3 only, a finding that he inflicted great bodily injury (Pen. Code, 12022.7). The court sentenced appellant to prison for an unstayed determinate term of 40 years, plus two consecutive terms of life with the possibility of parole, plus 25 years to life for the Penal Code section 12022.53, subdivision (d), enhancement pertaining to count 1. Appellant claims the trial court committed trial and sentencing errors. Court will modify the judgment and, as modified, affirm it with directions.
Comments on P. v. Arceo