California Court of Appeal

Sentence for convictions of second degree murder (Pen. Code section 187(a), attempted murder, sections 664(a) and 187(a), shooting at an occupied motor vehicle, section 246, and street terrorism, section 186.22(a), with true findings that the allegations that defendant committed them for the benefit of a criminal street gang, sections 186.22(b)(1), and vicariously discharged a firearm causing great bodily injury and death, sections 12022.53(d) and (e)(1), is: 1) modified to correct a clerical error in his abstract of judgment, which describes his count 3 conviction as shooting at an 'inhabited dwelling' rather than an 'occupied motor vehicle'; but 2) otherwise affirmed over defendant's contention that he was a passive aider and abettor and consequently his 40-year-to-life sentence constitutes cruel and unusual punishment in violation of the Eighth Amendment, and that his concurrent sentence on count 3 should be stayed pursuant to section 654.

Appellate Information

• Published 2017/03/15

Judges

• IKOLA

Court

• California Court of Appeal

Counsel