P. v. Delgado
A jury convicted defendant and appellant Edgar Delgado (defendant) of four counts of attempted willful, deliberate, and premeditated murder (Pen. Code,[1] 187, subd. (a), 664), four counts of assault on a peace officer with a semi-automatic firearm ( 245, subd. (d)(2)), discharging a firearm with gross negligence ( 246.3), and unlawful firearm activity ( 12021, subd. (c)(1)). With respect to the commission of the attempted murders and the assaults, the jury found true the allegations that defendant personally used a firearm ( 12022.53, subd. (b)) and personally and intentionally discharged a firearm ( 12022.53, subd. (c)). The jury also found true the allegation that defendant committed the attempted murders, the assaults, and the unlawful firearm activity for the benefit of, at the direction of, and in association with a criminal street gang. ( 186.22, subd. (b)(1)(C).) The trial court sentenced defendant to state prison for 60 years to life plus a consecutive term of 80 years.
On appeal, defendant contends that three of his convictions for attempted murder and three of his convictions for assault on a peace officer with a semi automatic firearm are not supported by sufficient evidence, that the prosecutor engaged in misconduct, and that the trial court erred in denying his motion for a new trial. Court affirm.
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