P. v. Duarte
A jury convicted Roberto Duarte, Jr., of discharging a firearm with gross negligence (count 1-Pen. Code, § 246.3, subd. (a)),[1] being a felon in possession of a firearm (count 2-§ 12021, subd. (a)(1)), street terrorism (count 3-§ 186.22, subd. (a)), and misdemeanor brandishing a firearm (count 4-§ 417, subd. (a)(2)(A)). Additionally, the jury found true he committed two of the felonies for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)), and he had previously suffered a strike and a serious felony prior (§§ 667, subds. (a), (d) & (e)(1), 1170.12, subds. (b) & (c)(1)). The trial court denied Duarte’s new trial motion and sentenced him to a total term of 15 years, four months in state prison.
Comments on P. v. Duarte