P. v. Bautista
A jury found defendant Gilberto Bautista guilty of murder, and found it to be true that in committing the murder he discharged a firearm within the meaning of Penal Code section 12022.53, subdivision (d),[1] and personally used a firearm within the meaning of section 12022.5, subdivision (a). The jury also found defendant guilty of possession of a firearm by a felon and street terrorism. But the jury did not find it to be true the special circumstance that the murder was committed for a criminal street gang purpose within the meaning of section 190.2, subdivision (a)(22), or that either the murder or the possession of a firearm by a felon crime was committed for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1). The court sentenced defendant to 50 years to life in prison. Defendant testified in his trial. He said he had a gun with him all day on August 17. He admitted he shot and killed Caballo.
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