P. v. Trejo
Appellants Pedro Gabriel Trejo and Jesus Marquez were convicted following a jury trial of conspiracy to commit murder (Pen. Code, § 812, subd. (a)(1)).[1] The jury found true the firearm allegations that a principal personally used a firearm (§ 12022.53, subd. (b)), personally and intentionally discharged a firearm (§ 12022.53, subds. (c), (e)), and did so causing death (§ 12022.53, subds. (d), (e)). The jury also found true the criminal street gang allegation (§ 186.22, subd. (b)(1)). The jury acquitted appellants of first degree murder (§ 187, subd. (a)).[2] The court sentenced each appellant to state prison for 50 years to life, consisting of 25 years to life for conspiracy plus 25 years to life for the firearm allegation that a principal personally and intentionally discharged a firearm causing death. The court stayed the remaining firearm and gang enhancements pursuant to section 654. Appellants were ordered to pay jointly and severally $7,500 in victim restitution.
Appellants contend (1) the trial court violated their constitutional rights to confront witnesses by admitting the preliminary hearing testimony of the two key witnesses; (2) the victim restitution order constituted an unauthorized sentence in the absence of a murder conviction; and (3) the true findings on the firearm enhancements must be reversed as inconsistent with the jury’s verdicts acquitting appellants of murder. We disagree and affirm.
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