P. v. Chivac CA2/3
A jury convicted defendants and appellants Edward Amilcar Chavac, Jose Efrain Ruiz, and Moreno Ruben Alvarado of the willful, deliberate, and premeditated attempted murder of Gabriela D., and found true gang and firearm allegations. Appellants contend the trial court erred by admitting a photograph taken from a social media site; the Penal Code section 186.22 gang enhancements were not supported by substantial evidence; the prosecutor committed Griffin error during closing argument; and the trial court’s response to a jury question was erroneous. In supplemental briefing, appellants contend the matter must be remanded to allow the trial court to exercise its discretion to strike or dismiss the firearm enhancements pursuant to recently amended section 12022.53, subdivision (h), and the People aver that the court committed a minor sentencing error.
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