P. v. Gradillas and Reyes
Gerardo Gradillas appeals his conviction, by jury, of the second degree murder of Pedro Alcala (Pen. Code, 187, subd. (a)), shooting at an occupied motor vehicle ( 246), and conspiracy. ( 182, subd. (a)(1).) The jury further found that Gradillas personally used and intentionally discharged a firearm causing death ( 12022.53, subd. (d)) and that he committed the offenses for the benefit of a criminal street gang. ( 186.22, subd. (b)(5).) He was sentenced to an indeterminate term in state prison of 40 years to life. Jerry Reyes, Gradillas' co-defendant, appeals his conviction, by the same jury, of voluntary manslaughter ( 192, subd. (a)), shooting at an occupied motor vehicle, throwing a substance at a vehicle (Veh. Code, 23110, and conspiracy. ( 182, subd. (a)(1).) The jury found that Reyes committed these offenses for the benefit of a criminal street gang. He was sentenced to a determinate term in state prison of 37 years. As to both appellants, the clerk of the superior court is directed to prepare and forward to the Department of Corrections amended abstracts of judgment ordering each appellant, jointly and severally, to pay restitution in the amount of $4,975 to the Restitution Fund in the state treasury. In all other respects, the judgments are affirmed.
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