People v. Mendez CA4/3

FACTS

This court issued two prior opinions in this case. (People v. Mendez (Oct. 18, 2022, G057464) [nonpub. opn.] (Mendez II); People v. Mendez (Nov. 27, 2018, G054985) [nonpub. opn.] (Mendez I).) As described in Mendez I, Mendez fired a gun four times into a beauty salon that was occupied at the time by approximately 12 individuals, including three or four children. (Mendez I, supra, G054985.) The shooting was motivated by a grudge borne from a previous violent encounter, which had in turn been caused by Mendez and others stealing property from the stepson of the intended victim of the shooting. (Ibid.) “A jury convicted . . . Mendez of attempted premeditated murder (count 1, Pen. Code, §§ 187, subd. (a), 664, subd. (a) . . .),[1] assault with a firearm (count 2, § 245, subd. (a)(2)), shooting at an occupied building (count 3, § 246), and possession of a firearm by a felon (count 4, [former] § 12021, subd. (a)(1)[renumbered as § 29800 (Stats. 2010, ch. 711, § 6)]). The jury also found true as to count 1 a penalty enhancement allegation that Mendez

* Before Moore, Acting P. J., Goethals, J., and Sanchez, J. 1 All statutory references are to the Penal Code.

2 personally…