People v. Sanchez CA4/2

STATEMENT OF THE CASE

A. PROCEDURAL BACKGROUND

On March 11, 1998, a jury found defendant and codefendant Ramon Gonzalez

guilty of first degree murder under section 187, subdivision (a). Moreover, the jury found

true the allegation that defendant had carried a firearm during the commission of a street-

gang-related crime. Additionally, the jury found not true that the victim’s death resulted

from defendant discharging a firearm from a motor vehicle under section 12022.55.

(People v. Sanchez (2001) 26 Cal.4th 834, 843-844 (Sanchez) Furthermore, “Gonzalez

was separately convicted of the felony of shooting at an occupied vehicle; the

section 12022.5, subdivision (b)(1), allegation was found true under that count, but not

true as alleged under the murder count.” (Id. at p. 844.) “Given the inconsistency, the

trial court at sentencing reduced the section 12022.5, subdivision (b)(1) enhancement to

personal firearm use (§ 12022.5, subd. (a)).” (Ibid.)

Both defendant and Gonzalez admitted the gang enhancement allegations.

(Sanchez, supra, 26 Cal.4th at p. 844.) The trial court sentenced both defendant and

1 All further statutory references are to the Penal Code unless…