P. v. Villalvazo
Luis Villalvazo and Victor Mancia were tried together before a jury. The jury found Villalvazo and Mancia guilty of two counts of willful, deliberate, and premeditated attempted murder (Pen. Code, §§ 664, 187, subd. (a)),[1] shooting a firearm from a motor vehicle (§ 12034, subd. (c)), and shooting at an inhabited dwelling (§ 246), with findings that the offenses were committed 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)(C) and (4). In addition, as to counts 1, 3, and 4, the jury found the following allegations true as to Villalvazo: (1) he personally used a firearm; (2) he personally and intentionally discharged a firearm, proximately causing great bodily injury; and (3) a principal personally used and intentionally discharged a firearm, proximately causing great bodily injury. (§ 12022.53, subds. (b), (d) & (e)(1).) As to count 2, the jury found the same allegations true, with the exception of the infliction of great bodily injury pursuant to section 12022.53, subdivisions (d) and (e)(1). Inexplicably, the jury determined that all of the personal discharge allegations (§ 12022.53, subd. (c)) were not true. As to counts 1, 3, and 4, the jury concluded as to Mancia that a principal used and personally discharged a weapon, proximately causing great bodily injury. As to count 2, the jury found the great bodily injury allegation (§ 12022.53, subds. (d) & (e)(1)) not true and the remaining two allegations (§12022.53, subds. (b), (c) & (e)(1)) true.
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