P. v. Delgado
A jury found defendant guilty of first degree murder (Pen. Code, 187, subd. (a))[1](count 1) and assault with a deadly weapon by means of force likely to produce great bodily injury ( 245, subd. (a)(1)) (count 2). The jury also found true that defendant committed both offenses for the benefit of, at the direction of, and in association with a criminal street gang ( 186.22, subd. (b)) and that a principal personally and intentionally discharged a firearm proximately causing death in the commission of count 1 ( 12022.53, subds. (d) & (e)(1)). Defendant was sentenced to a total term of 66 years to life in state prison. On appeal, defendant contends the 10-year gang enhancement attached to the murder conviction must be stricken; the People argue that the trial court erred in imposing one year on count 2. Court agree with the parties and will modify the judgment accordingly.
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