P. v. Aguirre
Appellant Benny Javier Aguirre appeals from a judgment entered after a jury convicted him of count 1, murder (Pen. Code, 187, subd. (a));[1]count 2, attempted premeditated, deliberate murder ( 664, 187, subd. (a)); and count 3, attempted premeditated, deliberate murder ( 664, 187, subd. (a)). The jury found true the allegation that appellant personally used and discharged a firearm within the meaning of section 12022.53, subdivisions (b), (c), (d) and (e)(1), and that the offenses were committed for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(C).
On March 4, 2006, appellant, a member of the 12th Street Sharkys gang, challenged a group of young men leaving a party in Pomona. Appellant and a fellow gang member shot at the men as they were getting into their car, killing Trujillo and seriously wounding Johnny Belmontez.
The abstract of judgment is ordered corrected at part 2 to delete references that appellant received a sentence of 15 years to life for counts 2 and 3 pursuant to section 186.22, subdivision (b)(5) and to reflect that appellant received 280 days of actual custody credit rather than 274 days. The judgment is affirmed.
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