P. v. Suarez CA5
This case comes before us a second time. An information filed in the Merced County Superior Court charged Ryan Osmen Suarez with the murder of John Cordero. (Pen. Code, § 187, subd. (a).) The information further alleged Suarez (1) personally and intentionally discharged a firearm causing great bodily injury or death (§ 12022.53, subd. (d)); (2) personally used a firearm (§ 12022.5) within the meaning of Welfare and Institutions Code section 707, subdivision (d)(2)(B); and (3) committed the offense for the benefit of, or in association with, a criminal street gang (§ 186.22, subd. (b)). Although Suarez committed the offense when he was 15 years old, he was tried as an adult in criminal court. The victim was 15 years old as well.
A jury convicted Suarez of first degree murder and found the enhancement allegations true. The court sentenced Suarez to an aggregate, unstayed term of 50 years to life in state prison.
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