P. v. Garcia
Ramon Garcia was convicted by a jury on two counts of attempted willful, deliberate and premeditated murder with true findings on the special allegations the crimes had been committed for the benefit of a criminal street gang and a principal had used and discharged a firearm in committing the offenses proximately causing great bodily injury. On appeal Garcia argues only that, in sentencing him to an indeterminate aggregate state prison term of 35 years to life, the trial court violated Penal Code section 12022.53, subdivision (e)(2),[1] by imposing both the 25-year-to-life firearm-use enhancement and a 10-year criminal street gang enhancement because there was no finding he had personally discharged a firearm in the commission of the offenses. The Attorney General concedes the trial court erred, and we agree.
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