P. v. Vega CA5
On August 22, 2014, after a jury trial, defendant Victor Vega was found guilty of attempted murder (Pen. Code, §§ 664, 187, subd. (a); count 1) and assault with a deadly weapon (§ 245, subd. (a)(1); count 2). The jury found true allegations in both counts that defendant committed his offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) and caused great bodily injury to the victim (§ 12022.7, subd. (a)). In count 1, the jury found true an allegation defendant premeditated killing the victim willfully and deliberately (§ 189), and personally used a weapon (§ 12022, subd. (b)(1)).
In a bifurcated proceeding, the defendant waived a jury trial on the truth of prior convictions. The trial court found true allegations defendant had convictions qualifying as serious or violent felonies under the three strikes law (§§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e)) for second degree robbery (§ 212.5, subd. (c)) and attempted unlawful taking of a vehicle (§
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