P. v. Price
After two jury trials, Brandon Lynell Price was found guilty of second degree murder (Pen. Code,[1] 187, subd. (a)), shooting at an occupied vehicle ( 246), attempted robbery ( 211, 664) and assault with a firearm ( 245, subd. (a)(2)). The jury also found true that Price had committed the murder and shooting at an occupied vehicle offenses for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1) and that he was 16 years of age or older when he committed the offenses (Welf. & Inst. Code, 707, subd. (d)(1)). The jury specifically found not true allegations that Price had personally used or discharged a firearm causing death or great bodily injury during the commission of those offenses ( 12022.5, subd. (a)(1); 12022.53, subds. (b), (c), (d)).
Court reverse Price's sentences for his attempted robbery and assault with a firearm convictions and his section 12022.5, subdivision (a)(1) enhancement attendant to the assault and remand the matter for resentencing in light of Cunningham error. In all other respects, the judgment is affirmed.
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