P. v. Ibarra
Following a jury trial, defendants and appellants Erik Ibarra (Defendant Ibarra) and Gabriel Adam Sanchez (Defendant Sanchez) were convicted of first degree murder (Pen. Code,[1] § 187, subd. (a)) of Michael Edayan (the Victim); robbery (§ 211) of the Victim and four others; and attempted premeditated murder (§§ 187, subd. (a), 664) of the four others. The jury also found that with respect to the murder and robbery of the Victim, Defendant Ibarra personally and intentionally discharged a firearm that killed him (§ 12022.53, subd. (d)), and that Defendant Ibarra personally used, and personally and intentionally discharged, a firearm in the commission of all the crimes. (§ 12022.53, subds. (b), (c).) Finally, the jury found that Defendant Sanchez knew his codefendant was armed during the commission of all of the charged crimes. (Former § 12022, subd. (a)(1).)
On October 7, 2011, Defendant Ibarra was sentenced to state prison for an indeterminate term of 75 years to life, plus a consecutive term of 106 years 8 months. Defendant Sanchez was sentenced to state prison for an indeterminate term of 50 years to life plus an additional consecutive term of one year. Both appeal. Defendant Ibarra contends the trial court committed reversible error by allowing an expert to testify about his purported gang motive or gang intent, and the abstract of judgment incorrectly describes one sentence enhancement. Defendant Sanchez contends he received ineffective assistance of counsel when his attorney failed to ask the trial court to dismiss his prior conviction alleged under the “Three Strikes†law, and section 654 precludes imposition of concurrent terms on the five robbery convictions. Defendant Sanchez further joins in any argument made by Defendant Ibarra.
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