California Court of Appeal, Fourth District, Second Division
[REVIEW GRANTED BY CAL. SUPREME COURT]
[CERTIFIED FOR PARTIAL PUBLICATION[*]]
APPEAL from the Superior Court of San Bernardino County. Steven A. Mapes, Judge. Affirmed with directions. (Super. Ct. No. FVA1001265).
Christine Vento, under appointment by the Court of Appeal, for Defendant and Appellant Michael Canizales.
[168 Cal.Rptr.3d 626] David P. Lampkin, under appointment by the Court of Appeal, for Defendant and Appellant KeAndre Windfield.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Steve Oetting and Andrew Mestman, Deputy Attorneys General, for Plaintiff and Respondent.
A jury convicted defendants, Michael Canizales and KeAndre Windfield of first degree murder (Pen.Code, § 187, subd. (a)), during which a principal discharged a firearm proximately causing death (§ 12022.53, subds. (d) & (e)(1)), and two counts of attempted willful, premeditated and deliberate murder (§§ 664/187), during which a principal discharged a firearm (§ 12022.53, subds. (c) & (e)(1)). The jury found that all the offenses were committed for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1).) Canizales was sentenced to 25 years to life and two terms of 15 years to life and Windfield was sentenced to two terms of 25 years to life and two terms of 15 years to life plus 40 years. They appeal, claiming jury instruction and sentencing error. We reject their contentions and affirm, while directing the trial court to correct errors in their abstracts of judgment.
[168 Cal.Rptr.3d 627] I.[**]
ISSUES AND DISCUSSION
1. Jury ...