P. v. Barbosa
This case arises out of the shooting of two police officers during a traffic stop. Defendant Jesse Barbosa was convicted of two counts of conspiracy to commit murder, two counts of attempted murder, two counts of aggravated mayhem, and one count of discharging a firearm from a vehicle at a person.[1] On appeal, defendant contends, (1) the evidence was insufficient to support the special gang allegations attached to each count; (2) the evidence was insufficient to support his convictions for conspiracy to commit murder because there was no proof of an overt act apart from the attempted commission of the target offense; (3) the conspiracy instructions erroneously failed to require any overt act apart from the attempted commission of the target offense; (4) the abstract of judgment must be corrected to reflect the terms actually imposed in counts 1 and 2; and (5) the trial courts imposition of consecutive terms violated Cunningham v. California (2007) 549 U.S. 270 [127 S. Ct. 856, 871] (Cunningham). Except to correct the abstract, Court affirm.
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