P. v. Avelar
A jury convicted Juan Manuel Avelar of first degree murder with special circumstances and street terrorism. (Pen. Code, 187, subd. (a), 186.22, subd. (a); counts 1 & 2.)[1] The jury found true enhancements alleging the murder was gang related ( 186.22, subd. (b)(1)), that Avelar was an active participant of a criminal street gang and committed murder to further the activities of the gang ( 190.2, subd. (a)(22), and that he personally discharged a firearm proximately causing death ( 12022.53, subds. (d) and (e)(1)) The court found Avelar had previously suffered two prior serious felony convictions under section 667, subdivision (a). At the sentencing hearing, the court struck the gang enhancement associated with count 1, pursuant to People v. Lopez (2005) 34 Cal.App.4th 1002, and sentenced Avelar to life without the possibility of parole, plus a consecutive term of 30 years to life.
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