People v. Ibanez CA4/2

BACKGROUND

In 2016, a jury convicted Ibanez of one count of shooting at an occupied motor

vehicle (§ 246), one count of shooting at an inhabited dwelling (§ 246), and one count of

attempted murder (§§ 664, 187, subd. (a)). The jury found as to each count that the crime

was committed for the benefit of, at the direction of, or in association with a criminal

street gang with the specific intent to promote, further, or assist in criminal conduct by

gang members (§ 186.22, subd. (b)(1)(C)) and that a principal personally and

intentionally discharged a firearm (§ 12022.53, subd. (c)). The jury also found not true

the allegation that the attempted murder was willful, deliberate, and premeditated.

The trial court sentenced Ibanez to 15 years to life in state prison for the shooting

at an occupied motor vehicle count (§ 246) and a consecutive 15 years to life for the

shooting at an inhabited dwelling count (§ 246). The court imposed the upper term of

nine years for the attempted murder count but stayed that sentence pursuant to section

654. The court also imposed but stayed under section 654 a 20-year term for the firearm

enhancement and a 10-year term for the gang…