People v. Zamora CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background 1. Prior Proceedings In 2010, a jury found Zamora guilty on seven counts: count 1—attempted murder (§§ 187, 664); count 2—shooting at an occupied vehicle (§ 246); count 3—possession of a firearm by a felon (§ 12021, subd. (a)(1)); count 4—corporal injury to a cohabitant (§ 273.5, subd. (a)); count 5—kidnapping (§ 207, subd. (a)); count 6—false imprisonment (§ 236); and count 7—misdemeanor domestic battery (§ 243, subd. (e)(1)). As to counts 1 and 2, the jury found true firearm and great bodily injury enhancements. (§§ 12022.5, subds. (a) & (d), 12022.53, subds. (b)-(d), 12022.7, subd. (a).) In finding true the enhancement under section 12022.53, subdivision (d), the jury found Zamora had “personally and intentionally discharge[d] a firearm and proximately cause[d] great bodily injury” in the commission of counts 1 and 2. The trial court further found Zamora had served three prior prison terms. (§ 667.5, former subd. (b).) In 2011, the trial court imposed an aggregate sentence of 38 years to life in prison. The aggregate sentence included three consecutive one-year terms for each of the three prior prison terms, and a…