P. v. Cabrera
Defendants Jesus Augustine Cabrera (Cabrera) and Saul Romero-Luna (Romero-Luna) appeal from judgments of conviction entered after a jury trial. Cabrera and Romero-Luna were convicted of three counts of attempted premeditated murder (Pen. Code, §§ 187, subd. (a), 664)[1] and one count of shooting at an occupied motor vehicle (§ 246). The jury found true the allegations that, in the commission of the attempted premeditated murders, a principal personally and intentionally discharged a firearm (§ 12022.53, subds. (c) & (e)(1)) and defendants personally used a firearm (§ 12022.53, subds. (b) & (e)(1)). As to all offenses, the jury found true the allegation that the offenses were committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote, further and assist in criminal conduct by gang members (§ 186.22, subd. (b)(1)(C)). The trial court sentenced each defendant to a determinate term of 60 years, plus an indeterminate sentence of life with the eligibility for parole after 21 years.
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