Blackburn

Defendant Rodrick Jermaine Blackburn shot and killed two teenage boys, for no apparent reason other than that he “hate[d] Mexicans.” There was testimony that defendant Derwin Jules Jackson encouraged Blackburn to shoot the teenagers. When the shooting was over, Jackson drove Blackburn away.

Defendants contend:

The $20,000 restitution fine imposed on Blackburn was in excess of the statutory maximum. We will modify the judgment by reducing the fine to $10,000. Otherwise, we find no prejudicial error. Accordingly, we will affirm the judgment as modified.

*1525 I-VII *

VIII

Evidence That Jackson’s Prior Was a “Strike”

Jackson contends there was insufficient evidence that his prior conviction for shooting at an occupied motor vehicle (Pen. Code, § 246) qualified as a “strike.”

A prior is a “strike” if it is either a “violent felony” under Penal Code section 667.5 or a “serious felony” under Penal Code section 1192.7. (Pen. Code, §§ 667, subd. (d)(1), 1170.12, subd. (d)(1).) The only definition of a serious or violent felony potentially applicable here is “[a]ny felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice,…