P. v. Banuelos
A jury found defendant not guilty of first degree murder and returned a “not true” finding on the special circumstance allegation as to count 1. It found him guilty of second degree murder and found true the allegation that defendant personally discharged a firearm proximately causing death. It found him not guilty of attempted murder and not guilty of any lesser offense with respect to count 2, and found him guilty of shooting at an inhabited dwelling as alleged in count 3. It found true the allegation that he personally used a firearm in the commission of count 3.
The court imposed a term of 15 years to life on count 1, with a consecutive term of 25 years to life for the firearm enhancement on that count. It imposed and stayed the sentence on count 3 and its enhancement pursuant to Penal Code section 654.
Defendant filed a timely notice of appeal.
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