Hutchins

A jury convicted appellant Jacob Wayne Hutchins of second degree murder and shooting at a person from a motor vehicle. In addition, the jury found true several special allegations made in connection with those counts, including that appellant had committed the crimes to benefit a criminal street gang, and had personally and intentionally discharged a firearm proximately causing great bodily injury. The court sentenced him to a total unstayed prison term of 42 years to life. On appeal, appellant contends: (1) the jury instruction given by the trial court in accordance with CALJIC No. 17.41.1 was constitutionally deficient and we must therefore reverse his conviction; (2) the trial court violated Penal Code section 654 in imposing the additional statutory term of 25 years to life under section 12022.53 on the basis of the enhancement finding that appellant’s personal and intentional discharge of a firearm had proximately caused great bodily injury to the victim; (3) the trial court erroneously failed to award appellant presentence conduct credits; and (4) the trial court imposed an unauthorized two-year gang-related sentencing enhancement under section 186.22.

On the basis…