People v. Aniceto CA3

FACTS AND HISTORY OF THE PROCEEDINGS

On March 4, 2011, a jury found defendant Ismael Rosales Aniceto “guilty of attempted premeditated murder (Pen. Code, §§ 664, 187, subd. (a); count 1; [unless otherwise stated, statutory section citations that follow are to the Code);] permitting another to shoot from a vehicle (former § 12034, subd. (b); count 2); street terrorism (§ 186.22, subd. (a); count 3); and assault with a firearm (§ 245, subd. (a)(2); count 4). The jury

1 also found true allegations defendant committed counts 1, 2, and 4 for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)), a principal intentionally and personally discharged a firearm in the commission of count 1 (§ 12022.53, subds. (c) & (e)), and defendant personally used a firearm in the commission of count 4 (§ 12022.5, subd. (a)).” (People v. Aniceto (Mar. 22, 2013, C069293) [nonpub. opn.] (Aniceto), [fn. omitted].)

“The trial court sentenced defendant to an aggregate term of 44 years to life in state prison, consisting of: 7 years to life for the attempted murder (count 1), plus an additional 20 years under section 12022.53, subdivision (c); and a consecutive 3 years (the middle term) for the…