P. v. Salgado CA4/3
After Salgado shot at a rival gang member but killed another, he was charged with one count of first degree murder (§ 187, subd. (a); count 1), one count of attempted premeditated murder (§§ 187, subd. (a), 664; count 2), two counts of assault with a semiautomatic firearm (§ 245, subd. (b); counts 3 & 4); one count of possession of a firearm while on probation (§ 12021, subd. (d); count 5), and one count of street terrorism (active gang participation) (§ 186.22, subd. (a); count 6). As to counts 1 through 5, it was further alleged that the offenses were committed for the benefit of, at the direction of, and in association with a criminal street gang (§ 186.22, subdivision (b)(1)). As to count 1, it was alleged Salgado personally discharged a firearm causing death (§ 12022.53, subdivision (d)), and as to all counts, it was alleged that defendant personally used a firearm to commit or attempt to commit the offense (§ 12022.5, subd. (a)).
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