P. v. Horton CA2/7
Michael Horton was convicted in 2011 of two counts of attempted deliberate, willful and premediated murder (Pen. Code, §§ 187, subd. (a), 664) and one count of unlawful driving or taking a vehicle (Veh. Code, § 10851, subd. (a)), with true findings as to each count of attempted murder that the crimes had been committed for the benefit of a criminal street gang (§ 186.22, subd. (b)) and as to one count that Horton had personally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)). He was sentenced as a second strike offender to an aggregate indeterminate state prison term of 99 years to life, including a 25-year-to-life firearm-use enhancement pursuant to section 12022.53, subdivision (d).
On September 16, 2021 the superior court denied Horton’s postjudgment motion to strike the section 12022.53, subdivision (d), firearm-use enhancement pursuant to Senate Bill No. 620 (2017-2018 Reg. Sess.)
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