P. v. Cruz
Appellant Angel Cruz appeals from the judgment entered following a jury trial in which he was convicted of first degree murder with a robbery-murder special circumstance, discharging a firearm with gross negligence (Pen. Code, 246.3), carrying a loaded firearm on the person or in a vehicle while an active participant in a street gang ( 12031, subd. (a)), and two counts of possession of a firearm by a felon ( 12021, subd. (a)). The court sentenced Cruz to life in prison without the possibility of parole, plus three consecutive terms of 25 years to life. ( 667, subds. (b) (i), 1170.12, subds. (a) (d).)
Cruz contends (1) the trial court erred by denying his pre-trial motions to exclude evidence and sever the trial of certain counts, (2) the evidence was insufficient to support the jurys special circumstance finding and its verdict on one of the firearm possession counts, and (3) the trial court improperly imposed a parole revocation fine. Court agree that the parole revocation fine must be stricken, but otherwise affirm.
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