People v. Borruel CA2/4

BACKGROUND

An amended information filed November 4, 2019 charged Borruel with murder (§ 187, subd. (a)), possession of a firearm by a felon (§ 29800, subd. (a)(1)), and accessory after the fact (§ 32). The information alleged gang (§ 186.22, subds. (b)(1)(A), (C)) and principal use firearm enhancements (§12022.53, subds. (b)- (e)(1))). It further alleged that Borruel had three prior strike convictions (§§ 667, subds. (b)-(j), 1170.12, subds. (a)-(d)) and three serious felony convictions (§ 667, subd. (a)) and served a prior prison term (§ 667.5, subd. (b)). On November 27, 2019, a jury acquitted Borruel on the felon in possession charge but found him guilty of second degree murder and accessory after the fact. The jury found the gang and principal use firearm enhancements true. Borruel admitted three prior convictions for assault with a deadly weapon (§ 245, subd. (a)(1)) and related gang allegations (§ 186.22, subd. (b)(1)). At the sentencing hearing on October 5, 2020, the trial

All further statutory references are to the Penal Code unless otherwise indicated.

2 court considered and denied Borruel’s motion for new trial based on insufficiency of the evidence and jury…