P. v. Falcon
Jorge Falcon appeals from the judgment following his conviction by jury of willful, deliberate, and premeditated attempted murder (Pen. Code, §§ 187/664, subd. (a)),[1] with findings that the crime was for the benefit of a criminal street gang, and that appellant used a firearm. (§§ 186.22, subd. (b)(1)(C); 12022.53, subds. (b), (c) & (e)(1).)[2] The trial court sentenced him to state prison for 30 years to life, including a consecutive 10-year gang enhancement. (§ 186.22, subd. (b)(1)(C).)
Appellant contends: (1) the gang benefit and personal firearm use findings are not supported by substantial evidence; (2) the trial court violated his constitutional rights by allowing the prosecutor to ask the gang expert hypothetical questions which included appellant's name, and counsel's failure to object to such questions deprived him of the effective assistance of counsel; (3) the court abused its discretion by denying appellant's request to disclose confidential juror information; and (4) the court erred by imposing a 10-year gang enhancement for premeditated attempted murder. Respondent correctly agrees with the last contention. We will strike the gang enhancement and remand the matter to the trial court with directions. In all other respects, we affirm the judgment.
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