P. v. Luque
A jury convicted Albert Amaya (Amaya) of attempted extortion (Pen. Code, 524)[1]and found that he had committed the crime for the benefit of a gang ( 186.22, subd. (b)(1)(B)). In bifurcated proceedings, Amaya admitted having suffered two strike priors ( 667, subds. (b)-(i)) and two violent felony priors for which he served prison terms ( 667.5, subd. (a)). The jury convicted Javier Luque (Luque) of carjacking ( 215, subd. (a)), during which he used a handgun ( 12022.53,. subd. (b)). In bifurcated proceedings, Luque admitted having suffered a strike prior and five prior convictions for which he served prison terms. Amaya was sentenced to 25 years to life and appeals, claiming both theories of his guilt for attempted extortion were improper. We reject his contentions and affirm. Luque was sentenced to 32 years and appeals claiming he should be resentenced, and, if not, the sentencing court erred in imposing the upper term for the carjacking. Court reject his contentions and affirm.
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