P. v. Solorio
Salvador Solorio and Frank Jamesricky Sanchez appeal the judgment following their convictions for assault with a semiautomatic firearm. (Pen. Code, § 245, subd. (b).)[1] Sanchez was also convicted for negligent discharge of a firearm. (§ 246.3, subd. (a).) The jury found to be true allegations that the assault was committed by Solorio and Sanchez for the benefit of a criminal street gang, and that Sanchez personally used a firearm in the assault.[2] (§ 186.22, subd. (b).) Sanchez was sentenced to 13 years in prison consisting of three years for the assault, plus 10 years for committing a violent felony for the benefit of his gang. (§ 186.22, subd. (b)(1)(C).) His sentence for negligently discharging a firearm was stayed. Solorio was sentenced to eight years consisting of three years for the assault, plus a five-year gang enhancement. (§ 186.22, subd. (b)(1)(B).)
Solorio and Sanchez contend that there was insufficient evidence to support the gang enhancement, ineffective assistance of counsel, juror misconduct, and sentencing error. Solorio also contends that there was insufficient evidence that he aided and abetted Sanchez in the assault with a semiautomatic firearm. We affirm.
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