P. v. Rojas
Appellant Angel Christopher Rojas was convicted, following a jury trial, of first degree murder in violation of Penal Code[1] section 187, subdivision (a), shooting at an occupied motor vehicle in violation of section 246, actively participating in a street gang in violation of section 186.22, subdivision (a), and possession of a firearm in violation of section 12021, subdivision (d)(1). The jury found true the allegations that appellant committed the murder, shooting and firearm possession for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (a). The jury also found true the allegations that a principal personally and intentionally discharged a firearm within the meaning of section 12022.53 subdivisions (d) and (e)(1) and that appellant personally and intentionally discharged a firearm within the meaning of section 12022.53, subdivisions (c) and (d). The trial court sentenced appellant to a total term of 50 years to life in state prison, consisting of 25 years to life for murder plus 25 years to life for personally discharging a firearm. Sentence for the section 246 conviction and other enhancements was stayed pursuant to section 654. Sentence on the active participation and firearm activity convictions was imposed concurrently.
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