P. v. Cortez
A jury found Adrian Nathaniel Cortez and Jahaziel Fausto guilty of conspiracy to commit assault with a deadly weapon or with force likely to produce great bodily injury (Pen. Code,[1] 182, subd. (a)(1), 245, subd. (a)(1) (count 1)) and first-degree murder ( 187, subd. (a) (count 2)). With respect to count 1, the jury found that each defendant committed the offense for the benefit of a criminal street gang ( 186.22, subd. (b)(1)). With respect to count 2, the jury found that that each defendant committed the offense for the benefit of a criminal street gang ( 186.22, subd. (b)(1)), each defendant was a principal in the offense, and at least one principal personally used a firearm within the meaning of section 12022.53, subdivisions (b) and (e)(1), each defendant was a principal in the offense, and at least one principal personally and intentionally discharged a firearm within the meaning of section 12022.53, subdivisions (c) and (e)(1), and each defendant was a principal in the offense and at least one principal personally and intentionally discharged a firearm causing great bodily injury or death within the meaning of section 12022.53, subdivisions (d) and (e)(1). In addition, with respect to count 2, the jury found that Fausto personally used a firearm in the commission of the offense ( 12022.5, subd. (a)).
Court reverse the judgment as to the defendants' sentences on count 1, vacate the defendants' sentences, and remand the matter for resentencing. Court affirm the judgment in all other respects.
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