P. v. Moran
Appellant was convicted after jury trial of one count of second degree murder (count 1), two counts of attempted murder (counts 2 and 3), two counts of shooting at an inhabited dwelling (counts 4 and 5), one count of shooting a firearm from a vehicle at a person (count 6) and two counts of assault with a firearm (counts 7 and 8). The jury found true special allegations attached to all the counts that the offenses were committed for the benefit of a street gang. The jury found true special allegations attached to counts 1, 2, 3, 5 and 6 that a principal discharged a firearm causing great bodily injury in the commission of the offense. The jury found true special allegations attached to counts 7 and 8 that appellant personally used a firearm during the commission of the offense. (Pen. Code, SS 187, subd. (a); 664; 246; 12034, subd. (c); 245, subd. (a)(2); 186.22, subd. (b)(1); 12022.53, subds. (d) and (e); and 12022.5, subd. (a).)
Appellant was sentenced on count 1 to a term of 15 years to life, plus 25 years to life pursuant to section 12022.53, subdivision (e)(1), plus 10 years pursuant to section 186.22, subdivision (b)(1). On counts 2 and 3, he was sentenced to consecutive terms of life, plus 25 years to life pursuant to section 12022.53, subdivision (e)(1). He was sentenced to a concurrent term of 15 years to life on count 4. On count 5, he was sentenced to a concurrent term of 15 years to life plus 25 years to life pursuant to section 12022.53, subdivision (e)(1). Sentence was stayed on counts 6, 7 and 8 pursuant to section 654.
Appellant argues that the convictions must be reversed because there was insufficient corroboration of an accomplice's testimony. He also raises two claims of sentencing error. First, he argues that the terms imposed for the section 186.22 gang enhancements attached to counts 1, 4 and 5 must be stricken because the jury did not find that appellant personally used a weapon in the commission of these offenses. Second, he contends that the gang enhancement attached to count 1 must be stricken because second degree murder is a violent felony that is punishable by life imprisonment. The Attorney General concedes the second sentencing claim and we accept this concession as properly made. The rest of appellant's arguments are unpersuasive. Therefore, court modify the judgment to strike the section 186.22 gang enhancement that is attached to count 1 and, as modified, affirm the judgment.
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