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P. v. Calderon
Seventeen-year-old Miguel Calderon retaliated against rival gang members by shooting numerous shots at the house where a confrontation had occurred between the rival gang members and him. One of the bullets struck a small child causing serious, but not fatal, injuries. A jury convicted Calderon of six counts of attempted murder (Pen. Code, §§ 664, 187, subd. (a))[1] and one count of shooting at an inhabited dwelling (§ 246). In addition, the jury found true numerous enhancements, including personal use of a firearm resulting in great bodily injury within the meaning of section 12022.53, subdivisions (b) through (d). Calderon was sentenced to 120 years to life in prison.
Calderon contends his conviction must be reversed because the trial court erroneously instructed the jury and the prosecutor committed misconduct. We reject these arguments.
In addition, Calderon asserts his sentence constitutes cruel and unusual punishment, in violation of the Eighth Amendment to the United States Constitution. Recent opinions by the United States Supreme Court (Graham v. Florida (2010) 560 U.S. 48 (Graham)) and the California Supreme Court (People v. Caballero (2012) 55 Cal.4th 262 (Caballero)) confirm that the sentence imposed violates the Eighth Amendment. Accordingly, we will reverse the judgment and remand the matter to the trial court for resentencing. At that time the trial court can correct an error in the custody credits to which Calderon is entitled.

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