P. v. Alcala CA5
In June 2012, appellant Nicolas Andres Alcala fired multiple shots at a person outside a bar in Huron, California. Appellant’s shots missed the intended victim but struck Pedro Aispuro, resulting in his death. A jury found appellant not guilty of first degree murder, but guilty of the lesser-included charge of second degree murder. Regarding the intended victim, appellant was convicted of attempted murder, but the jury did not find that the attempt was willful, deliberate or premeditated. Firearm enhancements were found true in both counts. In a bifurcated trial, the court found true that appellant committed these crimes to benefit a criminal street gang. In count 1, appellant was sentenced to 15 years to life for the murder, plus a consecutive 25 years to life for the firearm enhancement. In count 2, he received seven years for the attempted murder, a consecutive 10 years for the gang enhancement, plus a consecutive 25 years to life for the firearm enhancement.
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