P. v. Givens
For their part in a continuing violent rivalry between subsets of the Norteño gang, defendants Cesar Santana and Isaac Givens were found guilty by jury of shooting at an inhabited dwelling (Pen. Code,[1] § 246) for the benefit of a criminal street gang (§ 186.22, subd. (b)(4)). Both were sentenced to 15 years to life in state prison. On appeal, Santana contends the trial court abused its discretion in denying him probation because his was an unusual case, and his sentence of 15 years to life is cruel or unusual. Givens joins the second contention and also contends the trial court violated the ex post facto prohibition by imposing a $240 restitution fine when the applicable minimum was $200. Disagreeing, we shall affirm.
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