P. v. Salinas
Defendants David Jacinto Salinas and Manuel Louis Madril, who are admitted Norteo gang members, were with a group of men in a park when they robbed two teenagers who happened to walk by. Defendants then stole a minivan while attempting to escape after the robbery. The minivan sped through a red light and hit a car in the intersection, causing the death of the driver of that car. As a result, defendants were convicted after jury trial of murder during the commission or attempted commission of a robbery (Pen. Code, 187),[1] two counts of second degree robbery ( 211, 212.5, subd. (c)), and vehicle theft (Veh. Code, 10851, subd. (a)). The jury also found as to both defendants that the robberies and vehicle theft were committed for the benefit of or in association with a criminal street gang ( 186.22, subd. (b)(1)(C)), and as to Salinas only that he personally used a deadly or dangerous weapon, a bottle, during the commission of one of the robberies ( 12022, subd. (b)(1)). The court found that Salinas had a prior serious felony conviction that also qualified as a strike ( 667, 1170.12). After the court denied Salinass request to dismiss the strike under section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497, the court sentenced him to the indeterminate term of 55 years to life consecutive to the determinate term of 22 years. The court sentenced Madril to the indeterminate term of 25 years to life consecutive to the determinate term of 13 years.
Salinas has also filed a petition for writ of habeas corpus, which this court ordered considered with the appeal. In the petition, defendant seeks a resentencing hearing. Court have disposed of the petition by separate order filed this date. (See Cal. Rules of Court, rule 8.264(b)(4).)
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