Herrera

J.Cesar M. Herrera participated in a gang-related shooting in which a young boy and a man were injured. Herrera challenges the sufficiency of the evidence to support his convictions for conspiracy to commit murder and attempted premeditated murder; he also attacks the jury instructions pertaining to those counts. He claims the sentencing court erred by imposing an eight-month term for a gang enhancement on one of the attempted murder counts and by failing to stay execution of sentence on other counts pursuant to Penal Code section 654. We affirm the convictions but modify the sentence to strike the eight-month gang enhancement on the attempted murder count, and to stay execution of sentence on counts 4 through 9.

Facts

Herrera was a member of West Myrtle Street, a criminal street gang. In September 1995, a member of West Myrtle was killed by a rival gang, Middleside. West Myrtle then retaliated by shooting Jesse Ortega Kennedy of Middleside a few days later. A day after that, several members and friends of West Myrtle were congregated at a house in Santa Ana when shots rang out. One of the West Myrtle members jumped into his car — a black Mustang lacking its “t-tops” —…