P. v. Zaragoza CA5
Jimmy Zaragoza was convicted of attempted voluntary manslaughter, attempted robbery, resisting a peace officer, and possession of burglary tools. All of the offenses arose from an incident in which he and his co-defendant, Cesar Joshua Pinon, unsuccessfully tried to rob a man whom Pinon then shot. Zaragoza was convicted of attempted voluntary manslaughter on an aiding and abetting theory. The jury found true gang enhancement and firearm enhancement allegations. Zaragoza was sentenced to an aggregate term of 13 years to life in prison.
Zaragoza raises numerous issues on appeal. He also joins in several of the issues Pinon raises. We conclude that, due to recent legislative enactments that took effect while his appeal was pending, Zaragoza is entitled to a remand for resentencing.
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