P. v. Tamayo
Appellant Rogelio Tamayo was convicted, following a jury trial, of one count of first degree murder in violation of Penal Code section 187,[1]subdivision (a). The jury found true the allegations that appellant personally used a deadly weapon in the commission of the crime within the meaning of section 12022, subdivision (b)(1) and committed the murder for the benefit of the gang within the meaning of section 186.22, subdivision (b). The trial court sentenced appellant to a term of 25 years to life in prison for the murder, plus a one year enhancement term for the use of a deadly weapon. Appellant appeals from the judgment of conviction, contending that there is insufficient evidence to support the jury's finding that he committed the crime for the benefit of a gang within the meaning of section 186.22. Respondent contends that the trial court erred in failing to impose state construction fees pursuant to Government Code section 70372, subdivision (a). Corut affirm the judgment of conviction.
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