P. v. Espinoza
Francisco Espinoza appeals from the judgment entered after a jury convicted him of one count of second degree murder (Pen. Code, 187, subd. (a)),[1]with true findings of personal and intentional discharge of a firearm causing injury or death ( 12022.53, subds. (b), (c), (d) & (e)(1)) and of the commission of murder for the benefit of a criminal street gang ( 186.22, subd. (b)(1)(C)).[2] Espinozas sole contention on appeal is the 10-year determinate term imposed for the criminal-street-gang enhancement is unauthorized, and the judgment must be modified to strike the 10-year enhancement. We agree the decision in People v.Lopez (2005) 34 Cal.4th 1002 (Lopez) supports Espinozas contention his sentence should be modified. Court therefore strike the 10-year enhancement, and affirm the judgment as modified.
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