People v. Lang CA3

BACKGROUND

The People charged Lang with one count of murder (§ 187, subd. (a); count one) and one count of possession of a firearm by a felon (§ 29800, subd. (a)(1); count two). As to the murder count, the People alleged that Lang had a prior murder conviction (§ 190.2, subd. (a)(2)), served a prison term for that conviction (§ 190.05, subd. (a)), personally and intentionally discharged a firearm causing death (§ 12022.53, subd. (d)), and had five prior serious felony convictions (§ 667, subd. (a)(1)). As to both counts, the People alleged that Lang had two or more prior strike convictions. (§§ 667, subd. (d), 1170.12, subd. (b).) Before trial, Lang pleaded no contest to the firearm possession count and admitted the prior conviction and prison term allegations. At trial, the jury heard testimony about the shooting, which occurred at an apartment complex. The manager for the complex testified that she was walking her dog on the evening of the shooting and saw Lang walking his dog nearby. From about 20 feet away, she observed Lang’s dog urinate on a tenant’s vehicle and asked him “if he believed that was right for his dog to do that because it’s other people’s property.” The two…