P. v. Alford
A jury convicted Mario Alford of attempted murder (count 1) (Pen. Code, §§ 664 and 187, subd. (a)),[1] assault with a firearm (count 2) (§ 245, subd. (a)(2)), and shooting at an inhabited dwelling (count 3) (§ 246). The jury convicted codefendant Rashon McDaniels of counts 1 and 3, finding him not guilty on count 2. As to count 1, the jury found that the attempted murder was committed willfully, deliberately, and with premeditation, and that a principal personally used and intentionally discharged a firearm, proximately causing great bodily injury to another person. (§§ 12022.53, subds. (b)‑(e)(1) & 12022.7, subd. (a).) The jury also found true allegations that counts 1 through 3 were committed for the benefit of, at the direction of, and in association with a criminal street gang, with the specific intent to promote criminal conduct by gang members. (§ 186.22, subd. (b).) Finally, as to counts 1 through 3, the court found true allegations that Alford had suffered a prior conviction of a serious and/or violent felony; it also found true that he had suffered two prior felony convictions, that he served prison terms for each, and that he thereafter committed another felony within a five-year period after completing said terms. (§§ 1170.12, subds. (a)-(d) & 667, subds. (b)-(i).) The court denied Alford’s motion to strike his prior conviction for a serious felony pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
Alford was sentenced to 68 years to life in state prison, consisting of 55 years to life on count 1 and 13 years on count 2, to run consecutively. On count 1, the court imposed a term of 15 years to life under section 186.22, subdivision (b)(5), doubled to 30 years to life under the “Three Strikes†law, plus 25 years to life for the firearm use enhancement pursuant to section 12022.53, subdivisions (d) and (e)(1). As to count 2, the trial court selected the upper term of four years, doubled to eight years under the Three Strikes law, plus five years for the gang enhancement under section 186.22, subdivision (b)(1). The court imposed a term of 55 years to life on count 3, to run concurrently with the term on count 1.
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