P. v. Aguirre
Appellant Michael Angelo Aguirre appeals from a judgment entered after a jury convicted him of second degree murder in count 1 (Pen. Code, 187, subd. (a))[1]and count 2, of attempted murder ( 664/187, subd. (a)). The jury found true that appellant personally used and intentionally discharged a firearm that caused great bodily injury and death ( 12022.53, subds. (b)(d)). The jury found not true the allegation that appellant committed the crimes for the benefit of a criminal street gang. ( 186.22, subd. (b)(1)(C).) The trial court sentenced appellant to state prison for a term of 65 years to life plus two years and four months as follows: count 1, 15 years to life, plus 25 years to life for the firearm enhancement; and count 2, one-third the midterm (two years and four months), plus 25 years to life for the firearm enhancement. We affirm.
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