P.v . Leon
On November 14, 2006, a second amended information was filed against appellant Rodolfo Leon and Jonathan Hernandez, charging them with the murder of Luis Espinoza Ochoa on April 7, 2003 (Pen. Code, 187, subd. (a)).[1]The information alleged that the offense was committed for the benefit of a criminal street gang ( 186.22, subd. (b)(1)), and that a principal had used a firearm that had caused great bodily injury and death (12022.53, subds. (b), (c), (d), (e)(1)). Appellant pleaded not guilty and denied the special allegations.
On December 11, 2006, the jury found appellant guilty as charged, and also found the gun use and gang allegations to be true. The trial court sentenced appellant to a term of imprisonment of 25 years to life for the murder, plus a consecutive term of 25 years to life for a gun use enhancement ( 12022.53, subds. (d), (e)(1)).
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