P. v. Novela CA5
Following consolidation of five separate cases arising out of events on five different dates, a jury convicted Sergio Novela (defendant) as follows:
Count 1: First degree murder, committed for the benefit of a criminal street gang, during the commission of which a principal personally used and discharged a firearm, proximately causing great bodily injury or death. (Pen. Code, §§ 186.22, subd. (b)(5), 187, subd. (a), 12022.53, subds. (b)-(e)(1).)
Count 2: Discharge of a firearm from a motor vehicle at another person, committed for the benefit of a criminal street gang. (§§ 186.22, subd. (b)(1)(B), 26100, subd. (c).)
Count 3: Premeditated attempted murder, committed for the benefit of a criminal street gang, during the commission of which a principal personally used and discharged a firearm. (§§ 186.22, subd. (b)(5), 187, subd. (a), 664, 12022.53, subds. (b), (c) & (e)(1).)
Count 4: Assault with a firearm, committed for the benefit of a criminal street gang. (§§
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