People v. Delacruz CA2/3

DISCUSSION

1. Sentence on count 3 should have been stayed pursuant to section 654. The trial court sentenced Delacruz as follows. On count 1, the attempted murder of Villafana, the court imposed a sentence of 15 years to life, plus 25 years to life for the section 12022.53, subdivision (d) firearm use enhancement.3 On count 2, the attempted murder of Lopez, the court imposed a consecutive term of 15 years to life, plus 20 years

2 During the sentencing hearing, the trial court mistakenly stated that the total term was 20 years plus 115 years to life. We address the court’s misstatement post. 3 The sentence for willful, premeditated, deliberate attempted murder is life in prison with the possibility of parole. (§ 664, subd. (a); People v. Gonzalez (2012) 54 Cal.4th 643, 654.) When a gang enhancement is found true, the minimum parole eligibility period is 15 years. (§ 186.22, subd. (b)(5).)

3 for the section 12022.53, subdivision (c) firearm enhancement. On count 3, shooting at an occupied motor vehicle, the court imposed a consecutive term of 15 years to life, plus 25 years to life for the section 12022.53, subdivision (d) firearm enhancement. The court stayed sentence…