P. v. Herrera CA2/1
After a joint trial, separate juries convicted Aaron Herrera (Herrera) and Christopher Darrell Haas (Hass) of murder and attempted murder, and found true allegations of firearm use and gang enhancements. Haas and Herrera appeal, and we affirm.
An amended information filed June 26, 2015 charged Herrera and Haas with the murder of Luis Ochoa (Ochoa) (Pen. Code, § 187, subd. (a); count 1) and the attempted premeditated murder of Anthony Garay (Garay) (§§ 664, subd. (a); 187, subd. (a); count 2). The information alleged as to both counts that a principal personally and intentionally discharged a firearm causing great bodily injury (§ 12022.53, subds. (d), (e)(1)), a principal personally and intentionally used and discharged a firearm (§ 12022.53, subds. (b)–(e), (e)(1)), and both offenses were committed for the benefit of, at the direction of, and in association with a criminal street gang (§ 186.22, subd. (b)(1)(C)).
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