People v. Gomez CA2/4

INTRODUCTION

In 2006, a jury convicted defendant and appellant Angel Gomez of three counts of willful, deliberate, and premeditated attempted murder. On each count, the jury found true the allegations that Gomez personally used and personally and intentionally discharged a firearm, causing great bodily injury to one of the three victims. In 2022, Gomez filed a petition for recall and resentencing under Penal Code section 1172.6.1 The trial court denied Gomez relief, concluding he was ineligible as a matter of law. On appeal, Gomez argues reversal is warranted because the trial court committed prejudicial error. We affirm.

PROCEDURAL BACKGROUND

As noted above, the jury convicted Gomez of three counts of willful, deliberate, and premeditated attempted murder (§§ 187, subd. (a); 664; counts one through three). As also noted above, on each attempted murder count, the jury found true the allegations that Gomez (1) personally used a firearm (§ 12022.52, subd. (b)); (2) personally and intentionally discharged a firearm (§ 12022.53, subd. (c)); and (3) personally and intentionally discharged a firearm proximately causing great bodily injury to victim Deyvi Covarrubia. (§ 12022.52,…