P. v. Delavega CA2/8
Defendant Luis Armando Delavega appeals from the judgment following trial at which the jury convicted him of first degree murder (Pen. Code, § 187, subd. (a); count 1) and carrying a loaded firearm (§ 25850, subd. (a); count 2) and found true the allegations that, as to the murder, he personally used a firearm and personally and intentionally discharged a firearm which also caused great bodily injury and death (§ 12022.53, subds. (b)-(d)). The trial court found true that he had served a prior prison term (§ 667.5, subd. (b)). The court sentenced defendant to prison to the two-year midterm on count 2, and on count 1 to a consecutive term of 25 years to life, plus 25 years to life for the firearm enhancement pursuant to subdivision (c) of section 12022.53. The court imposed and stayed (§ 654) another 25-year-to-life term under subdivision (b) of that same section and struck the one-year prior prison term enhancement.
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