P. v. Ceballos
Defendants and appellants Eric Ceballos and Cesar Ortega were tried together before separate juries. Ceballos’s jury found Ceballos guilty of first degree murder (Pen. Code, § 187, subd. (a)[1]), assault with a semiautomatic firearm (§ 245, subd. (b)), and shooting at an occupied motor vehicle (§ 246). The jury found true the allegation that Ceballos committed each of the offenses for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in criminal conduct by gang members (§ 186.22, subd. (b) (gang enhancement allegation)); and the allegations that in the commission of the murder and shooting at an occupied motor vehicle offenses, a principal personally used a firearm (§ 12022.53, subds. (b) & (e)(1)), personally discharged a firearm (§ 12022.53, subds. (c) & (e)(1)), and personally discharged a firearm proximately causing great bodily injury or death (§12022.53, subds. (d) & (e)(1)). Ortega’s jury found Ortega guilty of first degree murder (§ 187, subd. (a)), attempted murder (§§ 664/187, subd. (a)), and shooting at an occupied motor vehicle (§ 246). As to all offenses, Ortega’s jury found true a gang enhancement allegation (§ 186.22, subd. (b)), and the allegations that a principal personally used a firearm (§ 12022.53, subds. (b) & (e)(1)), personally discharged a firearm (§ 12022.53, subds. (c) & (e)(1)), and personally discharged a firearm proximately causing great bodily injury or death (§12022.53, subds. (d) & (e)(1)). The trial court sentenced Ceballos and Ortega to state prison terms of 97 years to life and 84 years to life respectively.
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