P. v. Negrete CA2/2
A jury found defendant and appellant Alejandro Pineda (Pineda) guilty of first degree residential robbery (Pen. Code, § 211; count 2); assault with a firearm (§ 245, subd. (b); count 3); murder (§ 187, subd. (a); count 4); and first degree burglary (§ 459; count 8). A separate jury found defendant and appellant Jaime Augustin Negrete (Negrete) guilty of murder (§ 187, subd. (a); count 5); possession of a firearm by a felon (§ 12021, subd. (a)(1); count 6); and first degree burglary (§ 459; count 8). The juries also found true that Negrete personally used a handgun within the meaning of section 12022.53, subdivisions (b) through (d), that the murder was committed while defendants were engaged in the commission of a burglary, pursuant to section 190.2, subdivision (a)(17), that the crimes were committed to further the activities of a criminal street gang, pursuant to section 190.2, subdivision (a)(22), that the offenses were committed for the benefit of a criminal street gang,
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