P. v. Jenkins
Timothy Jenkins appeals from the judgment entered after a jury convicted him of four counts of attempted voluntary manslaughter (Pen. Code, §§ 664, 192, subd. (a)),[1] four counts of shooting from a motor vehicle at another person (former § 12034, subd. (c), now § 26100, subd. (c)), and one count of shooting at an inhabited dwelling. (§ 246.) On two counts of attempted voluntary manslaughter, the jury found true allegations that appellant had personally inflicted great bodily injury. (§ 12022.7, subd. (a).) On all four counts of attempted voluntary manslaughter, the jury found true allegations that appellant had personally used a firearm. (§ 12022.5, subd. (a).) On the four counts of shooting from a motor vehicle at another person and the one count of shooting at an inhabited dwelling, the jury found true allegations that appellant had personally and intentionally discharged a firearm causing great bodily injury to two victims. (§ 12022.53, subd. (d).) On all nine counts, the jury found true allegations that the offenses had been committed for the benefit of a criminal street gang. (§ 186.22, subd. (b).) Appellant was sentenced to prison for 40 years to life.
Appellant contends that the evidence is insufficient to support the true findings on the gang allegations. He argues that the People failed to show that the gang's "primary activities" qualify it as a "criminal street gang" within the meaning of section 186.22, subdivision (f). We affirm but direct the trial court to correct an error in the abstract of judgment.
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