People v. Sotelo-Moreno CA1/5

BACKGROUND

A.

Sotelo-Moreno’s convictions stemmed from a 2014 incident in which he shot and killed Nazario Barajas, who was seated in a car along with five other individuals at the time. (See People v. Sotelo-Moreno (July 12, 2019, A151505) [nonpub. opn.].)2 A jury convicted Sotelo-Moreno of murder (§ 187, subd. (a); count one), shooting at an occupied vehicle (§ 246; count five), possession of a firearm by a felon (§ 29800, subd. (a)(1); count six), and assault with a semi-automatic firearm (§ 245, subd. (b); counts seven, eight, and nine). The jury also found true, for purposes of count one, that Sotelo-Moreno personally discharged a firearm and caused bodily injury and death. (§ 12022.53, subd. (d).) In connection with counts five, seven, eight, and nine, the jury found true that he personally used a firearm. (§ 12022.5, subd. (a).)

B.

On the night of the shooting, Sotelo-Moreno stated that because Barajas, whom he referred to as “Chayo,” “ ‘wants to whoop on bitches; well, he’s going to get his ass whooped today.’ ” (See People v. Sotelo-Moreno, supra, A151505.) After learning Barajas would be at a party in East Palo Alto, Sotelo-Moreno arrived at the party and told Maria,…