P. v. Cabrera CA2/5
In 2006, a jury found defendant and appellant Bryan Cabrera guilty of first degree murder (Pen. Code, § 187, subd. (a)) and found true the allegation that a principal personally and intentionally discharged a firearm which proximately caused great bodily injury and death (§ 12022.53, subds. (d) and (e)(1)) and that the offense was committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote, further, and assist in criminal conduct by gang members (§ 186.22, subd. (b)(1)(A)). The trial court sentenced defendant to 50 years to life in state prison. On January 18, 2008, a prior panel of this division affirmed defendant’s conviction (People v. Cabrera (Jan. 18, 2008, B194832) [nonpub. opn.]) and denied defendant’s petition for writ of habeas corpus (In re Cabrera (Jan. 18, 2008, B200864) [nonpub. opn.].)
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