People v. Paniagua CA2/7

INTRODUCTION

A jury convicted Ariel Baker Paniagua on one count of murder, three counts of attempted murder, two counts of shooting at an occupied motor vehicle, and one count of possession of a firearm by a felon. The jury also found true firearm allegations in connection with each of the offenses and, with one exception, gang allegations. The trial court sentenced Paniagua to a prison term of 268 years four months to life. Paniagua appealed. He argued, among other things, his sentence on one of his two convictions for shooting at an occupied motor vehicle incorrectly reflected a true finding on a gang allegation. Paniagua also argued the trial court should have an opportunity to exercise its discretion whether to strike his prior serious felony conviction under Penal Code section 667, subdivision (a).1 We affirmed the judgment in most respects and directed the trial court to correct several sentencing and other errors, to exercise its discretion whether to strike the five-year enhancement under section 667, subdivision (a), and to consider the effect, if any, of Senate Bill No. 136 on a prior prison term enhancement under section 667.5, subdivision (b). (People v. Paniagua…