California Court of Appeal

Convictions of attempted voluntary manslaughter and related charges for both defendants are affirmed, where: 1) given the great bodily injury finding, the trial court did not err in imposing both the 10-year gang and the 4-year firearm use enhancements on defendant David Vega's sentence; 2) the count 1 sentence as to David is modified to impose and then stay the three-year great bodily injury enhancement under Penal Code section 12022.7(a); and 3) as to Jose, the trial court must either impose or strike the gang enhancement on count 2 pursuant to Penal Code section 186.22(g). (Modified Opinion)

Appellate Information

• Decided 04/03/2013
• Published 04/03/2013

Judges

• TURNER

Court

• California Court of Appeal

Counsel