P. v. Ruiz
Gilbert Chichi Ruiz appeals from a judgment entered upon his conviction for the attempted voluntary manslaughter of Rafael Mercado and Ryan Espinoza (counts 1, 2), assaulting these individuals with a deadly weapon (counts 3, 4), and street terrorism (count 5). The jury found true that: (1) Ruiz personally used a knife in committing counts 1, 2 and 5; (2) promoted a criminal street gang in committing counts 1 to 4; and (3) personally inflicted great bodily injury in counts 1, 3 and 5.
Ruiz contends: (1) the evidence did not support the gang enhancements or the counts for attempted voluntary manslaughter; (2) the trial court improperly ordered him to pay $150 for court appointed attorney fees; and (3) the trial court should have stayed the consecutive sentence imposed for count 5, or, alternatively, should have stayed the four-month sentence on the count 5 deadly weapon enhancement. We reject his first contention, but agree that the $150 for court appointed attorney fees must be stricken and that the sentence on count 5 must be stayed under Penal Code section 654. (Undesignated statutory references are to the Penal Code.)
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