P. v. Vasquez
Miguel Vasquez appeals from the judgment imposed after a jury convicted him of three counts of attempted willful, deliberate and premeditated murder (Pen. Code, 664/187; undesignated section references are to that code), two counts of shooting at an occupied motor vehicle ( 246), and one count of battery ( 242), and found that in the attempted murders he personally used and discharged a firearm ( 12022.53, subds. (b), (c)), as did a principal in the offenses (id., subd. (e)(1)), and that appellant committed the five felony counts for the benefit and in furtherance of a criminal street gang ( 186.22, subd. (b)(1)). Respondent agrees with appellants contentions about the DNA penalty, section 654, and all but one of the enhancement findings that were not alleged in the information. Court agree with appellants position on those matters, but not with his other contentions. Court accordingly modify the judgment, and affirm it as modified.
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