Vargas

Defendant Edward Vargas was charged by grand jury indictment with conspiracy to commit murder, robbery, assault with a deadly weapon, arson, burglary, extortion, intimidation of witnesses, terrorist threats, escape, possession of concealable firearm by a convicted felon, and distribution of heroin, cocaine, phencyclidine (PCP), and methamphetamine (count 1), and the murder of Elias Rosas (Pen. Code, § 187; count 12). Count 1 alleged 96 overt acts. The indictment further alleged that counts 1 and 12 were committed for the benefit of, at the direction of, and in association with a criminal street gang, with the specific intent to promote, further, and assist in criminal conduct by gang members, within the meaning of section 186.22, subdivision (b)(1).

The indictment was amended on My 8, 1996, to add the allegation that defendant had suffered two prior felony convictions.

Defendant pleaded not guilty and denied the enhancement allegations.

The jury found defendant guilty on both, and also found true the enhancement allegations.

The court sentenced defendant to a total prison term of 60 years to life, as follows: 25 years to life on count 1; a consecutive 25 years to life…