Arias

The jury convicted defendant and appellant Ricardo Arias of the first degree murder of Travion Humdon in violation of Penal Code section 187, subdivision (a), finding the murder was committed to benefit a criminal street gang (§ 186.22, subd. (b)(1)(C)), and defendant personally and intentionally discharged a handgun (§ 12022.53, subds. (b)-(d)). The jury also found defendant committed the “attempted first degree” murders of Quincy Stevenson and Damian Spells (§§ 664, 187, subd. (a)), returning true findings on the gang and firearm allegations. In a separate proceeding, the trial court found defendant served a prior prison term for purposes of section 667.5, subdivision (b). For the murder, defendant received a sentence of 25 years to life plus 25 years for the firearm enhancement and one year for the prior prison term, with the gang enhancement stricken. For the attempted murders, defendant received consecutive life terms plus a 20-year firearm enhancement, with a 15-year minimum parole eligibility date.

In his timely appeal, defendant contends (1) the penalty enhancement for the attempted murders must be stricken because the prosecution did not allege those offenses…