P. v. Pegues
Appellant Marvin W. Pegues was convicted of attempted murder of Victor Gouche (count two), Joanne Taylor (count three) and Raheem Moorhead (count four) in violation of Penal Code sections 664 and 187, subdivision (a),[1]with findings as to each count that the offenses were committed willfully, deliberately and with premeditation pursuant to section 664, subdivision (a); that appellant personally used a firearm during the commission of the offenses pursuant to section 12022.53, subdivision (b); that appellant personally and intentionally discharged a firearm pursuant to section 12022.53, subdivision (c); and that the crimes were committed for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in the criminal conduct by gang members pursuant to section 186.22, subdivision (b)(1). As to count two, the jury also found true the allegation that appellant personally and intentionally discharged a firearm which proximately caused great bodily injury to Gouche pursuant to section 12022.53, subdivisions (d) and (e)(1). The jury also convicted appellant of carrying an unregistered and loaded firearm pursuant to section 12031, subdivision (a)(1) in count one, with findings that the crime was committed for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in the criminal conduct by gang members pursuant to section 186.22, subdivision (b)(1).
Appellant was sentenced to state prison for life for the attempted murder in count two, plus an additional enhancement of 25 years to life pursuant to section 12022.53, subdivision (d).[2] In counts three and four, he was sentenced to life for attempted murder, plus an additional enhancement of 20 years pursuant to section 12022.53, subdivision (c) and 186.22, subdivision (b)(1). In count one, he was sentenced to the midterm of two years enhanced by the midterm of three years pursuant to section 186.22, subdivision (b)(1). The sentences on counts one, three and four were made concurrent to the sentence in count two.
Comments on P. v. Pegues