P. v. Garcia
Defendant appeals his conviction, by jury, of the first degree murder. Appellant contends the10-year gang enhancement does not apply to a life sentence, that the trial court erred in imposing two firearm use enhancements, and that the 25-year firearm use enhancement is subsumed by the base term of life without possibility of parole. He further contends the trial court erred when it instructed the jury in terms of CALJIC No. 2.01, because the instruction impermissibly lowers the prosecution's burden of proof, and when it instructed with CALJIC No. 3.18, because the instruction does not adequately describe the caution with which accomplice testimony should be considered. Defendant further contends the trial court erred when it admitted statements he made to a police informant and that the finding he was a member of a criminal street gang is not supported by substantial evidence. Respondent correctly concedes the trial court erred in imposing the 10-year gang enhancement and more than one firearm use enhancement. Court struke the 10-year gang enhancement and stay the 20-year firearm use enhancement. In all other respects, the judgment is affirmed.
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