P. v. Herrera
The defendant was charged in count 1 with murder, in counts 2 and 3 with willful, deliberate and premeditated attempted murder; in count 4 with shooting at an occupied motor vehicle; and in count 5 with throwing a substance at a vehicle. The information also alleged as to count 1 that a principal used a firearm causing great bodily injury or death; as to counts 1, 2 and 3 that a principal used a firearm; and as to counts 2, 3 and 4 that defendant personally used a firearm. It was also alleged as to all counts that a principal used a firearm and that the crimes were committed for the benefit of, at the direction of, and in association with a criminal street gang. The information additionally alleged that defendant had previously been convicted of various felonies.
On appeal, defendant claims juror misconduct, challenges the gang enhancements and claims error related to the failure to disclose filming of the K-9 unit at the scene for Animal Planet. The court strikes the gang enhancements imposed on counts 2 and 3. In all other respects, court affirms the judgment.
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