P. v. Herrera CA5
Defendant Armando Enrique Herrera was convicted by jury of second degree murder (Pen. Code, § 187, subd. (a); count 1), a lesser included offense of the charged offense of first degree murder, personally discharging a firearm at an occupied motor vehicle (§ 246; count 2), and carrying a loaded firearm in public while actively participating in a criminal street gang (§ 25850, subd. (c)(3); count 3). With respect to counts 1 and 2, the jury also found true enhancements alleging defendant personally discharged a firearm causing death (§ 12022.53, subd. (d)), and he had committed the underlying offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)).
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