P. v. Soto
Appellant Abel Soto appeals from a judgment entered after a jury found him guilty of count 1, first degree murder (Pen. Code, 187, subd. (a)),[1]count 4, assault with a firearm ( 245, subd. (a)(2)), and count 5, assault with a firearm ( 245, subd. (a)(2)). The jury found true the allegations that appellant personally and intentionally discharged a handgun, causing great bodily injury within the meaning of section 12022.53, subdivision (d), as to counts 4 and 5, and that the acts were committed for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(C), as to counts 1, 4, and 5. The trial court sentenced appellant to a total of 72 years eight months to life as follows: as to count 1, the trial court ordered appellant to serve 25 years to life plus an additional 25 years to life for the firearm enhancement. As a result of the section 186.22 finding, appellant was deemed ineligible for parole for at least 15 years. As to count 4, the trial court sentenced appellant to three years midterm plus four years midterm for the gun allegation and 10 years for the gang allegation, for a total of 17 years. As to count 5, the trial court sentenced appellant to one year (one-third the midterm) plus one year four months for the gun allegation and three years four months for the gang allegation, to be served consecutive to count 4. Court affirm.
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