P. v. Nieves
Following a June 2010 mistrial in which the jury was unable to reach a verdict, in November 2010 defendant and appellant Delone Nieves was retried before a second jury and found guilty as charged of the first degree premeditated murder of Steven Lewis. (Pen. Code, § 187, subd. (a), count 1.)[1] The jury in defendant’s second trial also found that defendant committed the murder for the benefit of a criminal street gang (§ 186.22, subd. (b)), and personally and intentionally discharged a firearm causing great bodily injury or death in the commission of the murder (§ 12022.53, subds. (d), (e)). Defendant was sentenced to 50 years to life, 25 years to life for the murder plus 25 years to life for the discharge enhancement.
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