People v. Gonzales CA5

INTRODUCTION

On April 30, 2017, a fight broke out at a local gas station between two rival gang members. Defendant Angel Gonzales, an active Uptown Bakers gang member, rushed to the aid of his fellow gang member, Isaiah Thornton. During the altercation, defendant shot and killed rival gang member, Jonathan Canchola. A jury convicted defendant of premeditated first degree murder (Pen. Code,1 §§ 187, subd. (a), 189, count 1), and found true the gang-murder special circumstance (§ 190.2, subd. (a)(22)) (gang-murder special circumstance). In a bifurcated trial, a jury found defendant guilty of the substantive gang offense (§ 186.22, subd. (a), count 5) (substantive gang offense), and found true the gang enhancements (§ 186.22, subd. (b)(1)) (gang enhancements), as alleged in counts 1, 2, 3, 4, and 6.2 Subsequently, the trial court sentenced defendant to an indeterminate term of life without the possibility of parole (LWOP), plus a term of 25 years to life, and a determinate term of 25 years 4 months. On appeal, defendant contends: (1) the trial court prejudicially erred when it failed to bifurcate the gang-murder special circumstance, as required by section 1109, and that this…