P. v. Tyler
Defendant appeals from the judgment entered after a jury convicted him on one count of murder, three counts of attempted murder and one count of firearm possession by a felon. Defendant contends the trial court committed reversible error by failing sua sponte to modify CALJIC No. 8.66 to specify that Tyler must have had the specific intent to kill each victim to be convicted on all three attempted murder counts; the prosecutor committed prejudicial misconduct during closing argument; the criminal street gang enhancements imposed pursuant to Penal Code section 186.22, subdivision (b), are unauthorized; and he should not have received consecutive sentences on the murder and attempted murder counts. Court modify the judgment to strike the imposition of firearm enhancements under section 12022.53, subdivision (d), on counts 3 and 4 and to reflect the imposition of firearm enhancements under section 12022.53, subdivision (c), on those counts and, as modified, affirm the judgment.
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