P. v. Galvan
Timothy Paul Galvan (defendant) appeals from a judgment upon a jury verdict finding him guilty of first degree murder (Pen. Code,[1] 187), with the special circumstance that he was an active participant in a criminal street gang and that the murder was carried out to further the activities of the gang within the meaning of section 190.2, subdivision (a)(22). The jury also found true the allegations that defendant personally discharged a firearm in violation of section 12022.53, subdivisions (c) and (d) and that he personally used a firearm (former 12022.5, subd. (a)(1) [Stats. 1999, ch. 129, 5, No. 5 Wests Cal. Legis. Service], 12022.53, subd. (b)), and that he committed the offense for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1). The jury further found defendant guilty of two counts of attempted murder ( 187, 664) with firearm discharge and use allegations and criminal street gang enhancements. For the first degree murder with special circumstance finding, the trial court sentenced defendant to life imprisonment without the possibility of parole with a consecutive 25-years-to-life term for the enhancement based on defendants discharge of a firearm causing death. On the attempted murder offense (count 2), the trial court sentenced defendant to life with the possibility of parole with a 20-year consecutive term on the section 12022.53, subdivision (c) enhancement. On count 3 of attempted murder, the trial court sentenced defendant to the midterm of seven years plus a 20-year consecutive term on the section 12022.53, subdivision (c) enhancement and a 10-year consecutive term on the section 186.22, subdivision (b)(1) gang enhancement. Defendant contends that: (1) The trial court committed reversible Faretta error; (2) there was insufficient evidence to support the special circumstance allegation and criminal street gang enhancements; and (3) the trial court abused its discretion in denying his motion for an Evidence Code section 402 hearing. Court reverse the criminal street gang enhancements but otherwise affirm the judgment.
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