People v. Gonzalez CA2/3

FACTS AND PROCEDURAL BACKGROUND

The People charged Gonzalez with the first degree murder of Andres Cardenas (Pen. Code, §§ 187, subd. (a), 189, subd. (a)),3 the first degree murder of Marc Garcia (ibid.), and unlawful possession of a firearm by a felon (§ 29800, subd. (a)(1)). The People alleged Gonzalez personally used a firearm in the commission of the Garcia murder (§12022.5, subd. (a)) and has a prior robbery juvenile adjudication that qualifies as a strike (§ 211). The People also alleged various aggravating circumstances. 1. The trials The case first went to trial in late 2022. The People’s theory of the case was that Gonzalez murdered the victims— Garcia and Cardenas—in retaliation for the killing of his cousin,

Illinois v. Perkins (1990) 496 U.S. 292 (Perkins). Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). Statutory reference are to the Penal Code.

2 Antonio Banda. In support of that theory, the People presented evidence that Garcia and Cardenas were present when someone shot and killed Banda in July 2017. Gonzalez and Banda were very close, and Gonzalez was devastated by Banda’s death. Gonzalez attended a rosary for his deceased cousin on…