P. v. Rocha CA2/7
Elda Rocha drove her boyfriend Jherome Higuera, a gang member, to an apartment building where he opened fire on a group of teenagers, killing one of them and severely injuring another. Rocha waited for Higuera while he committed the crimes and drove him away after the shooting.
A jury convicted Rocha of one count of second degree murder and three counts of attempted murder. The jury also found true gang-related firearms allegations under Penal Code section 12022.53, subdivisions (d) and (e)(1). Rocha argues that there was insufficient evidence she aided and abetted the crimes, that there was insufficient evidence to sustain the gang-related firearm enhancements, and that her counsel was ineffective for failing to call a gang expert. She also argues the trial court erred in imposing a term of 25 years to life under section 12022.53, subdivisions (d) and (e)(1), on each of the attempted murder convictions for the two individuals who did not sustain any injuries. We affirm.
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