P. v. Vargas
Defendant Arnoldo Estevez Vargas appeals from judgment entered following a jury conviction for premeditated murder (Pen. Code, § 187, subd. (a)[1]). The jury also found true allegations that the murder was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)) and that defendant personally used a firearm (§ 12022.53, subd. (d)). The trial court sentenced defendant to 50 years to life, plus three years for the gang enhancement.
Defendant contends the trial court erred in denying his request for instruction on provocation (CALCRIM No. 522). Defendant also asserts the trial court erred in imposing a fixed three-year term for the gang enhancement under section 186.22, subdivision (b)(1). We conclude there was no instructional error but reverse the three-year gang enhancement term because the murder conviction carries a life term and, therefore, the gang enhancement must be stricken. The judgment is affirmed in all other respects.
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