P. v. Sotelo
Appellant Martin Sotelo appeals from the judgment entered following his convictions by jury on count 1 – first degree murder (Pen. Code, § 187) with a principal personally and intentionally discharging a firearm causing death (Pen. Code, § 12022.53, subds. (d) & (e)(1)), and with special circumstances he committed the murder because of the victim’s race (Pen. Code, § 190.2, subd. (a)(16)) and by discharging a firearm from a motor vehicle (Pen. Code, § 190.2, subd. (a)(21)), count 2 – evading an officer with willful disregard (Veh. Code, § 2800.2, subd. (a)), and count 3 – attempted second degree robbery (Pen. Code, §§ 664, 211)[1] with a principal personally using a firearm (Pen. Code, § 12022.53, subds. (b) & (e)(1)), with, as to counts 2 and 3, a principal personally armed with a firearm (Pen. Code, § 12022, subd. (a)(1)) and, as to each of counts 1 through 3, a finding he committed the offense for the benefit of, at the direction of, and in association with, a criminal street gang (Pen. Code, § 186.22, subd. (b)(1)). The court sentenced appellant to prison for life without the possibility of parole, plus 42 years to life. We modify the judgment and, as modified, affirm it with directions.
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