P. v. Morones
A jury convicted Juan Morones of conspiracy to commit murder (Pen. Code, § 182/187, subd. (a))[1] and found true the allegation the crime was committed for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1). However, the jury acquitted Morones of the remaining counts charged in the information, including a count charging him with solicitation of murder (§ 653f, subd. (b)). After the court, in a bifurcated proceeding, found true the allegations that he had suffered numerous prior strike convictions (§ 667, subds. (b)-(i)), it sentenced Morones to an indeterminate term of 85 years to life plus a determinate term of 10 years.
On appeal, Morones contends the evidence is insufficient to support the conspiracy conviction because there was insufficient evidence he harbored the requisite intent to kill the victim. He also contends the conspiracy conviction must be reversed because his acquittal of the count charging him with solicitation of murder, one of the overt acts charged in the conspiracy count, necessarily represents a not true finding on the conspiracy count. Morones also asks this court to review de novo certain so-called Pitchess[2] materials and to determine whether the trial court's ruling on his Pitchess motion was an abuse of discretion. Morones also contends the court erred when it imposed a consecutive 10-year determinate term for the gang allegation as part of his sentence. The People concede this was error and that term must be stricken.
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