P. v. Santana CA4/3
Defendant Albert Arias Santana and Joel Aguilar were charged together with a deliberate and premeditated attempted murder (Pen Code, §§ 187, subd. (a), 664, subd. (a); count one), conspiracy to commit murder (§§ 182, subd. (a)(1), 187, subd. (a); count two), and active participation in a criminal street gang (§ 186.22, subd. (a); count three). The information alleged counts one and two were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). Additionally and particularly pertinent to this appeal, it was alleged that defendant, a gang member and principal in the offenses charged in counts one and two, vicariously discharged a firearm causing great bodily injury (GBI). (§ 12022.53, subds. (d), (e)(1).) The jury found defendant guilty of conspiring to commit murder, and active participation in a criminal street gang.
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