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Name: People v. Salas
Case #: B141709
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 07/16/2001
Subsequent History: Modif on den. rehg. on 7/16/01 change in judgment, Rev. denied 11/14/01.

Appellant was convicted of attempted murder and conspiracy to commit murder. The jury also found that the offense was committed for the benefit of a criminal street gang, and that a principal personally used a firearm in the commission of the offense, in violation of Penal Code sections 186.22, subdivision (b)(1), and 12022.53, subdivision (e)(2), making appellant subject to a 15 year minimum parole eligibility date. The jury was instructed only that a principal must have personally used a firearm, and there was no finding that appellant himself personally used a firearm. Here, the appellate court remanded for a limited retrial on the issue of the personal use of a firearm. Under section 12022.53, subdivision (e)(2), appellant was only subject to a seven year minimum parole eligibility date absent a finding that he personally used a firearm.