P. v. Leyva
Jose Alfonso Leyva stands convicted, following a jury trial, of first degree murder in which he personally and intentionally discharged a firearm, causing death. (Pen. Code,[1] 187, 12022.53, subd. (d).) Although he admitted having previously been convicted of a serious felony that was also a strike ( 667, subds. (a), (b)-(i), 1170.12, subds. (a)-(e)), the trial court dismissed the prior strike conviction ( 1385) and sentenced Leyva to prison for 50 years to life plus five years. Leyva filed a timely notice of appeal, and now raises claims of evidentiary and instructional error. The People also filed a timely notice of appeal, and now challenge dismissal of the strike conviction. For the reasons that follow, Court affirm the conviction, but vacate the sentence and remand the matter for further proceedings.
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