P. v. Silva
Ruben Silva, Jr. (defendant) stands convicted, following a jury trial, of second degree murder committed for the benefit of or in association with a criminal street gang (Pen. Code,[1] §§ 186.22, subd. (b)(1), (5), 187, subd. (a); count 1) and active participation in a criminal street gang (§ 186.22, subd. (a); count 2).[2] His motion for a new trial was denied, and he was sentenced to prison for 15 years to life plus two years and ordered to pay restitution and various fees, fines, and assessments.
On appeal, we reject defendant’s claims he is entitled to reversal because (1) the trial court failed to clear up the jury’s confusion regarding the elements of aiding and abetting, (2) the trial court erred by instructing with CALCRIM No. 3261, and (3) the jury was inadvertently given a copy of a legal memorandum that addressed the natural and probable consequences doctrine. We agree, however, that the sentence on count 2 should have been stayed pursuant to section 654. Accordingly, we modify the sentence on count 2, but otherwise affirm.
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