P. v. Sanchez
Appellant Marcos Sanchez appeals from the judgment following a trial by jury in which he was convicted of first degree murder in violation of Penal Code section 187, subdivision (a)[1] (count 1), and conspiracy to commit murder in violation of section 182, subdivision (a) (count 2). The jury found true the firearm allegations that a principal personally used a firearm (§ 12022.53, subds. (b), (e)), personally and intentionally discharged a firearm (§ 12022.53, subds. (c), (e)), and did so causing death (§ 12022.53, subds. (d), (e)). The jury also found true the criminal street gang allegation (§ 186.22, subd. (b)(1)). The trial court sentenced appellant to 50 years to life in state prison, calculated as 25 years to life on count 1, plus a consecutive term of 25 years to life for the firearm allegation that a principal personally and intentionally discharged a firearm causing death. The court imposed the same sentence on count 2, which was stayed pursuant to section 654. The court awarded appellant 998 days of actual custody credit and ordered him to pay $6,382.17 to the California Victim Compensation and Government Claims Board jointly and severally with his codefendant.
Appellant contends (1) there was insufficient evidence to support his conviction for conspiracy to commit murder, (2) his sentence was cruel and unusual in light of his young age of 16 years and eight days, and (3) modifications must be made to the abstract of judgment. We agree that modifications must be made to the abstract of judgment, but otherwise affirm the judgment.
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