Cortes

Defendant, Benito Cortes, appeals from a judgment after a jury convicted him of first degree murder (Pen. Code, [1] § 187, subd. (a)) (count one) and attempted willful, deliberate, premeditated murder (§§ 664, 187, subd. (a)) (count two). The murder victim was Vincent Villa. The attempted murder victim was Tommy Iles. The jury also found true allegations a principal personally used a firearm (§ 12022.53, subds. (b), (e)) (both counts); a principal personally and intentionally discharged a firearm (§ 12022.53, subds. (c), (e)(1)) (both counts); a principal personally and intentionally discharged a firearm proximately causing Mr. Villa's death (§ 12022.53, subds. (d), (e)) (count one); and the crimes were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(A)) (both counts). Defendant received a sentence of 60 years to life consecutive to a life sentence plus 30 years. Defendant argues there is insufficient evidence that one of the "primary activities" of his gang consisted of murder or attempted murder so that the true finding on the gang allegations for both counts must be reversed; the trial court erred in imposing sentence under both…