P. v. Fonseca CA2/5
In a joint trial with separate juries, defendants and appellants Victor Manuel Fonseca and Rogelio Elias Castillo were convicted in count 1 of attempted premeditated murder and in count 2 of assault with a firearm. The juries found that defendants committed both offenses for the benefit of, at the direction of, and in association with a criminal street gang. Fonseca’s jury found that he personally and intentionally discharged a firearm causing great bodily injury in count 1, and that he discharged a firearm proximately causing great bodily injury in count 2. Castillo’s jury found that a principal personally and intentionally discharged a firearm causing great bodily injury in count 1, and that a principal was armed with a firearm in count 2 (§ 12022, subd. (a)). In a bifurcated proceeding, the trial court found Castillo had suffered a prior juvenile adjudication for a serious or violent felony within the meaning of the three strikes law.
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