P. v. Limon
A jury convicted defendant, a 16-year-old member of a street gang and a codefendant, of eight criminal counts: three counts (counts 1, 3, and 4) of attempted murder; one count (count 2) of engaging in gang crime; three counts (counts 5, 6, and 7) of assault with a firearm; and one count (count 8) of shooting at an occupied car. Defendant was acquitted on count 9 for shooting from a car. Additionally, the jury found true the charged enhancements for personally discharging a firearm, causing great bodily injury; personally using a firearm; and committing all crimes, except count 2, to benefit a criminal street gang. The jury also found true the deliberation enhancement on count 1 but not on counts 3 and 4. The court pronounced a collective sentence of 40 years to life.
On appeal, defendant claims the jury could not have found the deliberation enhancement on count 1 to be true because it was uncharged. Appellant also urges the court committed several kinds of instructional error involving CALJIC No. 8.66.1, the lesser included offense of attempted voluntary manslaughter, attempted voluntary manslaughter, and CALJIC No. 2.70. Judgment Affirmed.
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