People v. Marroquin CA5

STATEMENT OF THE CASE

In 2017, a jury convicted Marroquin of three counts of attempted murder (Pen. Code, §§ 664/187, subd. (a); counts 3, 5 & 7), four counts of assault with a firearm (§ 245, subd. (a)(2); counts 2, 4, 6 & 8), one count of maliciously shooting at a person from a vehicle (§ 26100, subd. (c); count 9), one count of being a convicted felon in possession of a firearm (§ 29800, subd. (a); count 10), one count of being a felon in possession of ammunition (§ 30305, subd. (a)(1); count 11), and one count of active participation in a criminal street gang (§ 186.22, subd. (a); count 12).2 As to all counts except for count 12, the jury found that Marroquin acted for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(B) & (5)). As to counts 3, 5, and 7, the jury found he personally discharged a firearm (§ 12022.53, subd. (c)).3 As to counts 2, 4, 6, and 8, the jury found he personally used a firearm (§ 12022.5, subd. (a)(1)). On October 5, 2017, the trial court sentenced Marroquin to a total term of 54 years to life in prison. On count 2, the court imposed a term of four years plus 10 years (§ 12022.5, subd. (a)(1)), plus five years (§ 186.22, subd. (b)(1)(B)).…