P. v. Juarez
Defendant was charged with six counts of premeditated attempted murder (Pen. Code, 664, 187;[1]counts 1, 2, 3, 4, 5, 8), discharging a firearm at an inhabited dwelling ( 246; count 6), and possession of ammunition by a person prohibited from possessing a firearm ( 12316, subd. (b)(1); count 7). The information alleged that all of the offenses were committed for the benefit of, at the direction of and in association with a criminal street gang. ( 186.22, subd. (b).) As to the attempted murder counts, the information alleged that defendant personally discharged a firearm causing great bodily injury or death. ( 12022.53, subd. (d), 1192.7, subd. (c)(8).) As to the charge of discharging a firearm at an inhabited dwelling, the information alleged that defendant personally used a firearm, within the meaning of sections 667 and 1192.7, subdivision (c)(8).[2] Finally, the information alleged one prior serious felony offense, within the meaning of section 667, subdivisions (a), (c) and (e)(1) and section 1170.12, subdivision (c)(1). A jury convicted defendant on all counts as charged, except for counts 4 and 8. As to those counts, the jury convicted defendant of attempted murder, but found that the crimes were not willful, premeditated and deliberate. The jury found all enhancing allegations true. In a separate court trial, the court found the prior conviction allegation true. The court sentenced defendant to a total determinate term of 33 years eight months, plus an indeterminate term of 150 years to life, plus an indeterminate term of life in prison with a minimum parole eligibility period of 14 years. Defendant filed a timely notice of appeal.
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