filed:

Good Law
Court of Appeal of CaliforniaJanuary 29, 2015B252522California2,941 words

Opinion

Opinion

I. INTRODUCTION

A jury convicted defendant, Maximiliano Vanegas, Jr., of two counts of first degree murder (Pen. Code, § 187, subd. (a))1 and one count of attempted premeditated murder (§§ 664, 187, subd. (a)). The jury further found criminal street gang and firearm use enhancements to be true. (§§ 186.22, subd. (b)(1)(C), 12022.53, subds. (d), (e)(1).) Defendant was sentenced to life without the possibility of parole for the double murders (§ 190.2, subd. (a)(3)) and a concurrent 40 years to life for the attempted murder. But because defendant was a 15-year-old minor when he committed these crimes, he was subject only to a 25-year-to-life sentence as to each first degree murder count. We reverse the sentence and remand for resentencing including imposition of a parole revocation restitution fine (§ 1202.45). We modify the judgment to include: a $90 court facilities assessment (Gov. Code, § 70373, subd. (a)(1)); a $120 court operations assessment (§ 1465.8, subd. (a)(1)); and 632 days of presentence custody credit. We affirm the judgment in all other respects.

II. THE EVIDENCE

On January 30, 2012, around 9:10 p.m., Jairo Diaz and two friends, Carlos Regalado and Gabriel…

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