People v. Miranda, 192 Cal. App. 4th 398

Miranda was convicted by a jury of attempted murder, second-degree robbery, felon in possession of a firearm, and assault with a firearm; gang and firearm enhancements were found true on each count.
The information was amended to add assault with a firearm (count 7) with a gang enhancement and a personal-use firearm enhancement.
The jury also found true the §186.22(b)(1) gang enhancement for each substantive count and true the §12022.53(e)(1) enhancements for attempted murder and robbery, but not the personal firearm enhancements on those counts.
Two Three Strikes priors and one §667.5(b) prior were found true in bifurcated proceedings; Miranda was sentenced to 59 years to life.
On appeal, Miranda challenges the sufficiency of the evidence for the substantive offenses and the gang enhancements, and the accuracy of the Three Strikes calculation; the judgment was affirmed.
The remaining counts in the information were not at issue.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for substantive offenses	State contends substantial evidence supports the shooter’s identity and conduct	Miranda claims no direct perpetrator or substantial aiding/abettor or possessory evidence	Substantial evidence supports either direct culpability or aiding/abetting; inconsistent verdicts do not require reversal
Sufficiency of evidence for gang enhancement	State asserts defendant acted for San Fer gang with intent to promote or assist gang conduct	Miranda argues no evidence the crimes were for gang benefits	There was substantial evidence the crimes were committed in association with the gang and to benefit it
Three Strikes sentence calculation	State relies on Jenkins and Acosta to include enhancements in the third option calculation	Miranda argues the minimum term should exclude certain enhancements	Calculation correct: third option includes applicable enhancements; base 33 years with enhancements yields 59-year minimum parole term

People v. Williams, 34 Cal.4th 397 (Cal. 2004) (three-strikes minimum term options; baseline determinations)
People v. Jenkins, 10 Cal.4th 234 (Cal. 1995) (third alternative minimum includes enhancements under 3046/190)
People v. Acosta, 29 Cal.4th 105 (Cal. 2002) (includes enhancements in third-option calculation under Three Strikes)
People v. Nguyen, 46 Cal.4th 1007 (Cal. 2009) (auto preclusion; Nguyens’s applicability to Three Strikes)
People v. Federico, 127 Cal.App.3d 20 (Cal. App. 1981) (inconsistent verdicts do not reverse convictions)
People v. Margarejo, 162 Cal.App.4th 102 (Cal. App. 2008) (evidence of gang membership supports gang enhancements)