P. v. Martinez
In connection with a shooting that occurred on May 2, 2009, a jury convicted appellants Adrian Martinez and Joshua R. Galindez of three felonies: (1) the first degree murder of Victor Solis (Pen. Code, § 187, subd. (a); count 1);[1] (2) the willful, deliberate, and premeditated attempted murder of J.M. (§ 664, § 187; count 2); and (3) shooting at an occupied motor vehicle (§ 246; count 4). With respect to all three counts and both appellants, the jury found true a criminal street gang allegation (§ 186.22, subd. (b)(1)(C)). As to all three counts, the jury also found that Galindez personally discharged a firearm causing death or great bodily injury (§ 12022.53, subd. (d)).
In connection with a separate shooting that occurred on May 1, 2009, the jury also convicted Martinez of shooting at an occupied motor vehicle and found true a criminal street gang allegation (§ 246, § 186.22, subd. (b)(1)(C); count 3).
The trial court sentenced Martinez consecutively for the May 2 murder and attempted murder, and for the May 1 shooting at an occupied car, to a total term of “75 years [to life].†The court imposed but stayed, pursuant to section 654, the sentence for the May 2 shooting at an occupied car.
The trial court sentenced Galindez consecutively for the May 2 murder and attempted murder to a total term of “95 [years] to life.†The court imposed but stayed, pursuant to section 654, the sentence for the May 2 shooting at an occupied car.[2]
Appellants raise a number of issues on appeal, including one related to sentencing. We asked for supplemental briefing regarding a second sentencing issue. Although we conclude that the case must be remanded for resentencing of both appellants, we otherwise affirm the judgments.
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