Arreola

The Case

Appellant stands convicted after jury trial of seven felony counts. In counts one and two, the jury found appellant guilty of the first degree murders of Evaristo Reynoso and Luciano Renteria. The jury also found that in the commission of these murders appellant personally used a rifle and committed a multiple murder special circumstance within the meaning of Penal Code section 190.2, subdivision (a)(3).

Counts three through seven involved the attempted murders of five additional victims. The jury also found that appellant used a rifle in the commission of the attempted murders.

*1572 Appellant was sentenced on count one to life in prison without possibility of parole with the rifle use enhancement stayed; on count two, appellant was given the same sentence but it was ordered stayed; on count three, appellant received the upper term of nine years, plus two years for the firearm enhancement. On each of counts four through seven, the court imposed one-third the middle term or twenty-eight months to be served consecutively to the term imposed for count three, and the court stayed the firearm enhancements for those counts.

The Facts

During late February and…