California Court of Appeal

Gang members- convictions and sentences for first degree murder and attempted murder are affirmed in part as to the convictions, but vacated as to the sentences where: 1) it was necessary to remand for resentencing in light of factors in Penal Code section 190.3 and circumstances in aggravation and mitigation in California Rules of Court 4.421 and 4.23, respectively; 2) a firearm enhancement had to be stricken; and 3) since neither defendant had a sentence that includes a period of parole, parole revocation fines must be stricken from the judgments. (Opinion Following Rehearing)

Appellate Information

• Decided 04/18/2007
• Published 04/18/2007

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Scott Concklin, under appointment by the Court of Appeal, for Defendant and Appellant Ronald Enrique Ybarra., Sharon Giannetta Wrubel, Pacific Palisades, under appointment by the Court of Appeal, for Defendant and Appellant Hugo Cernas., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Janis Shank McLean and Peter W. Thompson, Deputy Attorneys General, for Plaintiff and Respondent.