P. v. Maldonado
Defendant appeals from a judgment of conviction entered after a jury trial. The jury found defendant guilty on two counts of attempted murder (Pen. Code, SS 187, 664). It found true the allegations that the attempted murders were committed willfully, deliberately and with premeditation (id., S 664, subd. (a)), that a principal personally and intentionally used and discharged a firearm, a rifle, in the commission of the crimes (id., S 12022.53, subds. (b) and (e)(1), (c) and (e)(1)), and that the crimes were committed for the benefit of a criminal street gang (id., S 186.22, subd. (b)(1)(C)). The jury found untrue the allegations that a principal caused great bodily injury to one of the victims (id., S 12022.53, subds. (d) and (e)(1)), and that defendant personally used and discharged a firearm, a handgun, causing great bodily injury to one of the victims (id., S 12022.53, subds. (b), (c), and (d)).
On appeal, defendant challenges the sufficiency of the evidence as to count 3, he challenges certain evidentiary rulings, he claims ineffective assistance of counsel and he claims sentencing error. Court agree as to the insufficiency of the evidence to support defendant's conviction on count 3, and that there was sentencing error. Court disagree with the remainder of defendant's contentions. Court remand for resentencing.
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