Sanchez

Statement of the Case

Appellant, Arian Sanchez, appeals a single aspect of the sentence imposed after having been convicted by guilty plea of willful, deliberate and premeditated attempted murder.

Appellant was charged in count I of a second amended information filed October 18,1995, with the attempted murder of Joseph Romero, a “violation of section 664/187(a) of the Penal Code.” It was alleged that the attempted murder was committed willfully, deliberately and with premeditation within the meaning of section “664(1).”

Counts II and III charged the same offense as count I as to victims Carlos Sanchez and Juventino Villanueva. Counts IV, V and VI alleged the attempted murder of the three victims, but did not contain the allegation that the attempted murders were willful, deliberate and with premeditation. Counts VII, VIII and IX each alleged the crime of discharging a firearm from a motor vehicle, a violation of section 12034, subdivision (c). All counts contained the special allegation, pursuant to section 186.22, subdivision (b), that the offense was “committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific…