P. v. Santana
Defendants James E. Santana and Edgar Franco timely appealed their convictions. Both defendants were convicted of one count of attempted willful, deliberate and premeditated murder.[1] Santana was also convicted of one count of unlawful firearm activity, and Franco was also convicted on one count of unlawful possession of a firearm by a felon. After a bifurcated trial, the jury found gang allegations to be true. Santana was sentenced to a total of 15 years to life, and Franco was sentenced to a total of 16 years to life. Defendants raise several issues including a claim the court erred in admitting a photograph of them holding weapons not used in the instant crime. Court affirm the judgment against Franco and affirm the judgment against Santana as modified.
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