Salas

I. Introduction

Defendant, Julio Cesar Salas, appeals from his convictions after a jury trial for attempted murder (Pen. Code, §§ 664, 187, subd. (a)) and conspiracy to commit murder. (§ 182, subd. (a)(1).) The jury also found that the attempted murder was willful, deliberate, and premeditated; the crime was committed for the benefit of, at the direction of, and in association with, a criminal street gang; and a principal personally used and intentionally discharged a firearm in the attempted commission of the murder. (§§ 186.22, subd. (b)(1), 12022.53, subds. (b), (c), (d), & (e)(1), 12022.5, subd. (a)(1).) There was no finding defendant personally used a firearm. In the published portion of the opinion, we discuss whether defendant is subject to the 15-year minimum term set forth in section 186.22, subdivision (b)(5) for attempted willful, deliberate, and premeditated murder. Section 12022.53, subdivision (e)(2) defines when a defendant in a gang-related case where a firearm is used may be subject to a 15-year minimum parole eligibility date. We conclude defendant is subject to the seven-year minimum parole eligibility date in section 3046, subdivision (a)(1). (§…