P. v. Aviles CA5
Yolanda Irene Aviles and Cosmen Alvarez (Aviles and Alvarez, respectively; collectively, defendants) stand convicted, following a jury trial, of first degree murder (Pen. Code, § 187, subd. (a); count 1), kidnapping (§ 207, subd. (a); count 2), and assault with a firearm (§ 245, subd. (a)(2); count 3). The jury further found, with respect to Alvarez, that as to count 1, he personally and intentionally discharged a firearm, proximately causing death (§ 12022.53, subd. (d)); as to count 2, he personally used a firearm (§ 12022.53, subd. (b)); and as to count 3, he personally used a firearm. With respect to Aviles, the jury found, as to counts 1 and 2, a principal was armed with a firearm in commission of the offense. Aviles was sentenced to prison for 11 years plus 25 years to life, while Alvarez was sentenced to prison for 22 years four months plus 50 years to life. Both were ordered to pay victim restitution as well as various fees, fines, and assessments.
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