Valencia

*1394 Opinion

I. INTRODUCTION

Defendant, Juvenal Valencia, appeals from his convictions for first degree murder (Pen. Code, 1 § 187, subd. (a)); five counts of attempted willful, deliberate, and premeditated murder (§§ 187, subd. (a), 664); and one count of shooting at an occupied automobile (§ 246). The jurors also found: the murder was intentional and perpetrated by means of discharging a firearm from an automobile with the intent to inflict death (§ 190.2, subd. (a)(21)); a principal personally discharged a firearm which caused the death of Roberto Morales (§ 12022.53, subds. (c), (d), (e)(1)); a principal personally used a firearm in the murder, the attempted murders, and the shooting at an occupied automobile (§ 12022.53, subds. (b), (e)(1)); and all of the offenses were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). In the published portion of this opinion, we hold that the Government Code sections 76104.6 deoxyribonucleic acid penalty and 76104.7 deoxyribonucleic acid state-only penalties do not apply to the Penal Code section 1465.8 court security fee. We reverse the $20 Government Code section 76104.7 deoxyribonucleic acid state-only…

Appellant’s petition for review by the Supreme Court was denied December 23, 2008, S167733. Werdegar, J., did not participate therein.

See footnote, ante, page 1392.

Defendant, Juvenal Valencia, appeals from his convictions for first degree murder (Pen. Code, [1] § 187, subd. (a)); five counts of attempted willful, deliberate, and premeditated murder (§§ 187, subd. (a), 664); and one count of shooting at an occupied automobile (§ 246). The jurors also found: the murder was intentional and perpetrated by means of discharging a firearm from an automobile with the intent to inflict death (§ 190.2, subd. (a)(21)); a principal personally discharged a firearm which caused the death of Roberto Morales (§ 12022.53, subds. (c), (d), (e)(1)); a principal personally used a firearm in the murder, the attempted murders, and the shooting at an occupied automobile (§ 12022.53, subds. (b), (e)(1)); and all of the offenses were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). In the published portion of this opinion, we hold that the Government Code sections 76104.6 deoxyribonucleic acid penalty and 76104.7 deoxyribonucleic acid state-only penalties do not apply to the Penal Code section 1465.8 court security fee. We reverse the $20 Government Code section 76104.7 deoxyribonucleic acid state-only penalties as…