P. v. Ruiz
The People charged defendant Francisco Ruiz with murder (count 1) and attempted murder (count 2), with enhancements alleged as to both counts that Ruiz committed the offenses for the benefit of a criminal street gang and that a principal personally and intentionally discharged a firearm causing death. (Pen. Code, §§ 187, subd. (a), 664/187, subd. (a), 186.22, subd. (b), 12022.53, subds. (d), (e)(1).)[1] The charges arose from a walk-up shooting. The prosecution theory was that Ruiz was the shooter. At a first trial, a jury could not reach a verdict on the murder count, and acquitted Ruiz of attempted murder.[2]
At a second trial, a jury convicted Ruiz of first degree murder, with findings that the murder was committed to benefit a criminal street gang and that a principal personally and intentionally discharged a firearm causing death. The prosecution theory again was that Ruiz was the shooter.
The trial court sentenced Ruiz to a total term of 50 years to life in state prison comprised of a term of 25 years to life on the murder count and 25 years for the firearm enhancement. The court ordered Ruiz to pay $7,280 in direct victim restitution through the Victims’ Compensation Board, and a $200 restitution fine, and a corresponding $200 parole revocation fine (stayed). (§§ 1202.4, subds. (b), (f), 1202.45.)
Ruiz appeals. We modify the terms of the restitution fines, and affirm.
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