P. v. Sanchez
David Ernesto Sanchez (Sanchez) and Bonifacio Andres Patino (Patino) appeal from the judgments entered upon their convictions by jury of three counts of attempted murder (Pen. Code, 664, 187, counts 1-3),[1]one count of shooting at an inhabited dwelling ( 246, count 4), and three counts of assault with a semiautomatic firearm ( 245, subd. (b), counts 5-7).[2] As to all counts, the jury found to be true the allegation that appellants committed the offenses for the benefit of, at the direction of or in association with a criminal street gang ( 186.22, subd. (b)(1)). As to counts 1 through 3, the jury found that appellants committed the attempted murders willfully, deliberately and with premeditation within the meaning of section 664, subdivision (a), that a principal used a firearm within the meaning of section 12022.53, subdivisions (b), (c) and (e)(1), and that Sanchez personally used a firearm within the meaning of section 12022.53, subdivisions (b) and (c). In connection with counts 5 through 7, the jury found to be true that Sanchez personally used a firearm within the meaning of section 12022.5, subdivision (a). The trial court sentenced each appellant on the attempted murder counts to three consecutive terms of life with the possibility of parole, plus three consecutive 20 year, firearm-use enhancements. Sanchez was ineligible for parole for a minimum term of 15 years. Sentencing on the remaining counts was imposed and execution stayed.
Comments on P. v. Sanchez