P. v. Villegas
A jury found defendant Luis Erminsul Villegas, Jr., guilty of shooting at inhabited dwelling house in violation of Penal Code section 246 as charged in count one of the information, and that the shooting was done for the benefit of, at the direction of, or in association with a criminal street gang within the meaning of section 186.22, subdivision (b)(1). (All further statutory references are to the Penal Code.) Defendant was also found guilty of violating section 245, subdivision (b), assault with a semiautomatic firearm, as charged in count two, and that it was done within the meaning of section 186.22, subdivision (b)(1). The court sentenced defendant to state prison for a determinate term of six years to be followed by 15 years to life.
In his appeal, defendant argues there was insufficient evidence to support his convictions and that the trial court erred in failing to give a unanimity instruction for count two. The Attorney General agrees the trial court erred in instructing on count two. We agree and reverse defendant’s conviction on count two, but affirm his conviction on count one. Even though we reverse defendant’s conviction on count two, we do so after concluding substantial evidence supports his conviction on that count.
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