P. v. Hurtado CA2/6
Jose Alberto Hurtado appeals a judgment following his conviction of attempted murder (Pen. Code, §§ 664, 187, subd. (a)) (count 1), assault with a semiautomatic firearm (§ 245, subd. (b)) (counts 2 and 3), and attempted shooting at an occupied vehicle (§§ 664, 246) (count 4). On counts 1 through 3, the jury found Hurtado personally used a firearm. (§§ 12022.53, subd. (b) (count 1), 12022.5, subd. (a) (counts 2 and 3).) The trial court sentenced Hurtado to an aggregate prison term of 23 years 8 months.
We conclude, among other things, that 1) the trial court did not err by admitting motive evidence involving a prior criminal investigation of Hurtado’s brother, but 2) the court erred in sentencing by not staying count 4 under section 654. We order the abstract of judgment to be corrected for count 4. In all other respects, we affirm.
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