Zarazua

Three-year-old Rocky Douangmala was killed in a traffic collision. The car in which he was riding was hit by a car carrying two members of the Norteños gang, who were fleeing because of gunfire from another car carrying three members of the Sureños gang. Defendants Sergio Zarazua, Carlos Zarazua, and Jorge Ramirez, the Sureños gang members, were convicted of various counts associated with the gunfire and Rocky’s death.

Carlos, who was tried by a separate jury, was convicted of two counts of attempted murder and one count each of shooting at an occupied vehicle and permitting discharge of a firearm from a vehicle that he was driving. The jury found true several firearm and gang-related enhancement allegations. Sentenced to a state prison term of 15 years to life, Carlos appeals. We conclude his contentions are without merit except that one of the enhancements found true by the jury with respect to convictions for shooting at an occupied vehicle and permitting discharge of a firearm from a vehicle that he was driving is not applicable to convictions for those crimes. We therefore order them stricken and affirm the judgment as modified. The striking of the enhancements does…