P. v. Silva
Appellant Jesse Silva appeals from the judgment entered following his convictions by jury on two counts of first degree murder (Pen. Code, § 187;[1] counts 1 & 3), each with a multiple murder special circumstance (§ 190.2, subd. (a)(3)) and a gang special circumstance (§ 190.2, subd. (a)(22)), and on count 4 – attempted willful, deliberate, and premeditated murder (§§ 664,187) with, as to each of the above offenses, findings appellant personally, and a principal, used a firearm, intentionally discharged a firearm, and intentionally discharged a firearm causing great bodily injury or death (former § 12022.53, subds. (b), (c), (d) & (e)(1)).
Appellant also appeals from the judgment entered following his convictions by jury on count 2 – discharge of a firearm with gross negligence (§ 246.3, subd. (a)) and count 5 – assault with a firearm (former § 245, subd. (a)(2)) with personal use of a firearm (former § 12022.5, subd. (a)).
The jury found each of the above offenses was committed for the benefit of a criminal street gang (former § 186.22, subd. (b)(1)), and the trial court found appellant suffered a prior felony conviction (§ 667, subd. (d)). The trial court resentenced appellant to prison for life without the possibility of parole, plus 80 years to life.[2] After reconsideration of the matter in light of Miller, supra, 567 U.S. __ [183 L.Ed.2d 407], a decision the trial court did not have the benefit of, we affirm the judgment in part, vacate the judgment in part, and remand the matter for resentencing with directions.
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