P. v. Flores
A jury convicted defendant, Santiago Flores, of attempted willful, deliberate and premeditated murder (Penal Code,[1] §§ 187, subd. (a), 664, subd. (a)) and found it was committed for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1)(C).) The jury further found defendant discharged a firearm in the commission of the offense.
(§ 12022.53, subds. (b), (c).) Defendant was sentenced to life with the possibility of parole plus 30 years. Defendant argues there was insufficient evidence of attempted murder and premeditation. Defendant further asserts it was fundamentally unfair for the prosecutor to renege on an agreement to instruct on a lesser related offense. We affirm the judgment but modify the sentence to delete the 10-year enhancement imposed under section 186.22, subdivision (b)(1)(C) and to impose a 15-year wait for release on parole.
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