P. v. Zelaya and Roberts
This appeal arises out of a resentencing following a remand by this Court. Following a jury trial, appellants were convicted of first degree murder, in violation of Penal Code section 187, subdivision (a) (count I);[1] attempted carjacking, in violation of sections 664 and 215, subdivision (a) (count 2); attempted second-degree robbery, in violation of sections 664 and 211 (count 3); two counts of second-degree robbery, in violation of section 211 (counts 5 and 6); and three counts of unlawful driving/taking of an automobile, in violation of Vehicle Code section 10851, subdivision (a) (counts 4, 8 and 9).[2]Zelaya was convicted of one count of possession of a controlled substance, cocaine, in violation of Health and Safety Code section 11350, subdivision (a) (count 12). Roberts was convicted of being a felon in possession of a firearm, in violation of section 12021, subdivision (a)(l) (count 7); felony evading an officer, in violation of Vehicle Code section 2800.2, subdivision (a) (count 10); and possession of cocaine base for sale, in violation of Health and Safety Code section 11351.5 (count 11). The jury found true that, as to all except three counts, that the crimes were committed for the benefit of a criminal street gang, in violation of section 186.22, subdivision (b)(l)(a) (counts 1-6, 8-12); that a principal personally used a firearm and caused great bodily injury or death, in violation of section 12022.53, subdivisions (d) and (e)(l) (counts 1-3); that a principal personally used a firearm, in violation of section 12022.53, subdivisions (b) and (e)(l) (counts 1-3, 5, 6); and that a principal (Roberts) personally and intentionally discharged a firearm, in violation of section 12022.53, subdivisions (c), (e)(l) (counts 1-3).
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