Vega

People v. Vega

Good Law
153 Cal. Rptr. 3d 716·2013 Cal. App. LEXIS 262·214 Cal. App. 4th 1387
Court of Appeal of CaliforniaMarch 7, 2013No. B237354California3,711 words

Opinion

Lead Opinion

Turner, J.

I. INTRODUCTION

A jury convicted two brothers, defendants, Jose and David Vega, of two counts of attempted voluntary manslaughter (Pen. Code, 1 §§ 664, 192, subd. (a)) (counts 1 and 2). In addition, defendants were each convicted of a single count of shooting at an occupied vehicle (§ 246) (count 3). The jury found the crimes were committed for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1).) The jury further found as to David 2 : a principal was armed (§ 12022, subd. (a)(1)) (counts 1 and 2); he personally used a firearm (§ 12022.5) (counts 1 and 2); and he inflicted great bodily injury (§ 12022.7, subd. (a)) (count 1). David was sentenced to prison for a life term with a 15-year minimum term consecutive to a determinate term of 21 years four months. Jose received a life term with a 15-year minimum term consecutive to a determinate term of nine years.

*1390 In the published portion of the opinion, we discuss the question of the effect of section 1170.1, subdivision (f) on the imposition of a section 12022.5, subdivision (a) firearm enhancement on David on count 1. Further, as to David, we discuss the effect of section 1170.1, subdivision (g) on the…

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