P. v. Salazar
A jury found defendants guilty of murder in connection with the shooting death of Pedro Bravo. The jury found defendant Salazar guilty of first degree murder and further found true a special circumstance allegation that he committed the murder while an active participant in a criminal street gang and to further the activities of that criminal street gang (Pen. Code, S 190.2, subd. (a)(22)). The jury found defendant Camarena guilty of second degree murder. As to both defendants, the jury found true special allegations that each defendant personally and intentionally discharged a firearm causing death (S 12022.53, subd. (d)), personally and intentionally discharged a firearm (S 12022.53, subd. (c)), and committed the crime for the benefit of and with the specific intent to promote, further, and assist any criminal conduct of a criminal street gang (S 186.22, subd. (b)). The trial court sentenced defendant Salazar on the first degree murder conviction to life in prison without the possibility of parole, plus a consecutive term of 25 years to life on the finding that he personally and intentionally discharged a firearm and caused death. The trial court sentenced defendant Camarena to serve 15 years to life on his conviction for second degree murder plus a consecutive term of 25 years to life on the finding that he personally and intentionally discharged a firearm and caused death.
Defendants individually and jointly raise various claims of error in this appeal, the details of which we recount below in our discussion of those claims. Court conclude, for reasons court now explain, that except for two minor sentencing issues raised by defendant Salazar, defendants' claims are meritless. Therefore, court affirm the judgment as to both defendants but with modifications as to defendant Salazar.
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