P. v. Rocha
A jury convicted defendant Ricardo Guerra Rocha of second degree murder (Pen. Code, §§ 187, subd. (a), 189; all further statutory references are to this code unless otherwise indicated; count 1); and street terrorism (§186.22, subd. (a); count 2). It further found true allegations he vicariously discharged a firearm, causing the victim’s death (§ 12022.53, subds. (d) & (e)(1)), and committed the crime for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)). The court sentenced defendant to 15 years to life on count 1 and 25 years to life for the enhancements but stayed his sentence on count 2.
In his appeal, defendant contends (1) the court erred in admitting his statements to a detective because they were obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694] (Miranda), (2) insufficient evidence supports the section 186.22, subdivision (b) and vicarious firearm discharge enhancements, (3) California’s mandatory sentencing scheme under section 12022.53, subdivisions (d) and (e)(1) violates the Eighth Amendment as applied to juveniles, and (4) his 40 years to life sentence constitutes cruel and unusual punishment under the California Constitution.
Defendant also filed a petition for writ of habeas corpus, which we consolidated with the appeal for all purposes, raising the same Miranda and cruel and unusual punishment issues he asserts in his direct appeal. He also claims his trial attorney failed to provide him with effective assistance of counsel by failing to advocate on his behalf at sentencing. Finding no error, we affirm the judgment and deny the petition.
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