P. v. Gaines CA6
A jury convicted defendant Marques Adrian Gaines of first degree murder (Pen. Code, § 187, subd. (a)), attempted murder (§§ 664/187, subd. (a)), and possession of a firearm by a felon (§ 29800, subd. (a)(1)). The jury found that, in the commission of both the murder and attempted murder, defendant personally used a firearm (§ 12022.5, subd. (a)) and personally and intentionally discharged a firearm causing great bodily injury or death (§ 12022.53, subd. (d)), and that in the commission of the attempted murder, defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)). The jury further found that appellant had a prior serious felony conviction (§ 667, subd. (a)), had served two prior prison terms (§ 667.5, subd. (b)), and had two prior “strike” convictions (§ 1170.12, subd. (c)(2)). The trial court imposed an aggregate prison term of 176 years to life.
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