California Court of Appeal

Three defendants' convictions of second-degree murder, Pen. Code section 187, attempted murder, sections 664/187, and shooting at an inhabited dwelling, section 246, are reversed where: 1) People v. Prunty (2015) 62 Cal.4th 59 requires reversal of the gang enhancement findings, section 186.22(b) as to all defendants; 2) reversed as to vicarious firearm enhancements for all defendants where, the vicarious firearm enhancements under section 12022.53(e)(1), requires violation of section 186.22(b), as an element of that enhancement; and 3) affirmed in all other aspects.

Appellate Information

• Published 2016/05/25

Judges

• HOCH

Court

• California Court of Appeal

Counsel