P. v. Carrillo
Defendant Eddie Carrillo shot his cousin Carlos Urbano several times, at close range, in the face, chest, and back. Consequently, he was convicted of attempted murder (Pen. Code,[1] 664, 187, subd. (a); count 1) and assault with a firearm ( 245, subd. (a)(2); count 2). Numerous firearm and great bodily injury enhancements were also found to be true. But the jury was unable to reach a verdict on allegations the crimes were committed for the benefit of a criminal street gang, and the court subsequently dismissed the gang enhancements on the prosecutors motion. The jury also found true the allegation that defendant had a prior conviction of violating section 245, subdivision (a)(1) and the court found the conviction constituted a serious felony within the meaning of the three strikes law. The court sentenced defendant to prison for a total of 39 years to life. On appeal, defendant contends: (1) the court erred in dismissing a juror during deliberations; (2) the court failed to conduct a reasonable inquiry regarding possible juror misconduct; (3) the postsubmission substitution of jurors violated his constitutional rights; (4) his trial counsel provided ineffective assistance by failing to object to the gang experts testimony regarding defendants prior criminality; and (5) insufficient evidence supports the trial courts finding that his prior conviction of violating section 245, subdivision (a)(1) qualified as a serious felony within the three strikes law. Court affirm.
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