P. v. Mendoza CA4/3
A jury convicted defendant Luis Mendoza of three counts of attempted murder with premeditation and deliberation, three counts of robbery, three counts of assault with an automatic firearm, and one count of active participation in a criminal street gang. The jury also found true personal firearm use and criminal street gang sentence enhancement allegations. The court sentenced defendant to a term of 40 years to life, plus 38 years and four months.
Defendant contends there is insufficient evidence of premeditation and deliberation. He also seeks a remand for further sentencing proceedings (1) to make a record for a future youth offender parole hearing under People v. Franklin (2016) 63 Cal.4th 261 (Franklin), (2) to clarify the proper minimum terms on the attempted murder counts and related enhancements, and (3) to give the court an opportunity to exercise its discretion to strike the Penal Code section 12022.5, subdivision (a) (section 12022.5(a)) firearm use enhancements. The A
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