People v. Gonzales CA3

BACKGROUND

On March 24, 2001, defendant attended a party where he became involved in an argument with Miguel Angel Herrera and his brother J.A., who were hired to be DJs.2 Defendant pulled out a gun during the argument, put it away, but then shot Herrera and J.A. when the argument turned into a fight. Defendant and his friends were yelling a Sureño gang name, Vicky’s Town. Defendant fired multiple shots. Herrera was killed by a gunshot to the chest. Defendant told his girlfriend that he had shot people coming at him at the party but claimed it was in self-defense. In January 2002, defendant was charged in an amended complaint with the murder of Herrera (§ 187; count 1), attempted premeditated murder of J.A. (§§ 664/187, subd. (a); count 2), and one count of street terrorism (§ 186.22, subd. (a); count 3), along with the enhancements as to counts 1 and 2 that defendant committed the crimes for the benefit of a criminal street gang (§ 186, subd. (b)(1)) and personally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)). In June 2002, the parties reached a plea agreement wherein the information was amended to charge defendant with voluntary manslaughter (§ 192,…