California Court of Appeal

In a prosecution of defendant for voluntary manslaughter and for participating in a criminal street gang, jury's finding true a firearm enhancement on the voluntary manslaughter conviction in sentencing him to 25-years-to-life is stricken and, instead, a previously stayed 10-year enhancement for a gang-committed violent felony is imposed as the enhancement for firearm discharge by a co-principal that caused death in a gang-committed felony does not apply to him because defendant was not convicted of one of the qualifying offenses enumerated in section 12022.53(d) & (e)(1).

Appellate Information

• Decided 10/13/2010
• Published 10/13/2010

Judges

• BUTZ

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• John F. Schuck, Edmund G. Brown, Jr.