P. v. Astorga CA2/4
By information filed August 2017, defendant Aric Aaron Astorga was charged for the first-degree murder of Luciano Rubio by personally and intentionally discharging a firearm causing great bodily injury and death. (Pen. Code, §§ 187, subd. (a), 12022.53, subd. (d).) The information also alleged that defendant committed the murder 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 within the meaning of section 186.22, subdivision (b)(1)(C).
In August 2019, a jury convicted defendant as charged, and found the firearm and gang allegations true. Defendant was sentenced to 25 years to life for murder, plus a consecutive term of 25 years to life for the firearm enhancement. The court imposed a minimum parole eligibility date of 15 years under the gang enhancement (§ 186.22, subd. (b)(4)), and imposed various fines and fees.
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