P. v. Olvera
Defendant appeals from a judgment of conviction entered following a jury trial. Defendant was convicted of attempted premeditated murder (Pen. Code, 664, 187, subd. (a)) in count 1, shooting at an occupied motor vehicle ( 246) in count 2, and carrying a loaded firearm that was not registered ( 12031, subd. (a)(1)) in count 4. The jury found true the allegations that defendant committed the offenses in counts 1 and 2 for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b); that defendant personally and intentionally discharged a firearm within the meaning of section 12022.53, subdivisions (c) and (e)(1) and personally used a firearm within the meaning of section 12022.53, subdivisions (b) and (e)(1) (count 1); and that defendant carried a firearm in a vehicle ( 12021.5, subd. (a), count 2).
The trial court sentenced defendant on count 1 to a term of 15 years to life plus 20 years under section 12022.53, subdivision (c), and an additional 10 years under section 12022.53, subdivisions (b) and (c), which additional enhancement was stayed pursuant to section 654; on count 2 to a term of 17 years to life, which was stayed pursuant to section 654; and on count 4 to the middle term of two years, to run concurrently with the sentence on count 1.
On appeal, defendant challenges the sufficiency of the evidence to support his conviction on counts 1 and 2 and the propriety of staying, rather than striking, the 10 year enhancement imposed for his count 1 conviction. Court affirm.
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