P. v. Huerta
A jury convicted Carlos Alberto Huerta (appellant) as charged in counts 1, 2, and 3 of attempted murder done willfully, deliberately and with premeditation (Pen. Code, §§ 664, 187, subd. (a));[1] in counts 4, 5, and 6 of assault with a deadly weapon (§ 245, subd. (a)(1)); in counts 7 and 8 of making a criminal threat (§ 422); and in counts 9 and 10 of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)).[2] The jury found true that each offense was committed for the benefit of a criminal street gang (§ 186.22, subd. (b) and that appellant was 16 years or older at the time of the offenses (Welf. & Inst. Code, § 707, subd. (d)(1)). It also found true that appellant personally inflicted great bodily injury in counts 1, 2, 4 and 5 (§ 12022.7, subd. (a)), and that he personally used a deadly weapon in counts 1 and 2 (§ 12022, subd. (b)(1)). The trial court sentenced appellant to a determinate term of 14 years and an indeterminate term of 53 years to life.
Appellant contends that the trial court erroneously denied his Wheeler/Batson[3] motions. He also claims sentencing errors: (1) that section 654 bars imposing an enhancement for both use of a deadly weapon and great bodily injury in counts 1 and 2; (2) that the court cannot impose both a great bodily injury and gang enhancement in counts 4 and 5; and (3) that the court erred when it imposed rather than stayed sentence in counts 7 and 8. We agree only that the great bodily injury enhancements attached to counts 4 and 5 must be stricken. In all other respects, we affirm.
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