People v. Reaza CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND3

Defendant was the driver involved in a drive-by shooting committed with a

shotgun; one person was killed and another injured. Officers recovered a shotgun in a

vehicle driven by someone who testified that defendant had given him the shotgun. The

witness testified defendant told him to keep the shotgun because they had used it to shoot

at rival gang members. Defendant admitted to police that he drove the vehicle that night

and that his passenger had fired shots at the victims; however, defendant denied knowing

in advance that his passenger intended to shoot. (People v. Reaza, supra, E038773.)

On October 21, 2004, the People charged defendant by felony information with

murder (§ 187, subd. (a), count 1), attempted murder (§§ 664, 187, subd. (a), count 2),

personally discharging a firearm from a moving vehicle (§ 12034, subd. (c), count 3),

personally discharging a firearm at an inhabited dwelling house (§ 246, count 4), and

being a felon in possession of a firearm (§ 12021, subd. (a)(1), count 5). As to the count

1 offense, the People further alleged that the murder was intentional and perpetrated by

the discharge of a firearm at…