People v. Gomez CA4/2
Opinion
Opinion
BACKGROUND
Gomez was charged by amended information in March 2023 with one count of
murder (§ 187, subd. (a); count 1) and one count of the attempted murder of Angelica P.
(§§ 664, 187, subd. (a); count 2). With respect to the attempted murder count, the
information alleged: “On or about July 17, 2016, in the above-named judicial district, the
crime of murder, in violation of Penal Code section 664/187(a), a felony, was committed
by Rafael Gomez, who did unlawfully, and with malice aforethought attempt to murder
2 Angelica [P.], a human being.”1 (Capitalization omitted.) With respect to both counts,
the amended information alleged firearm enhancements under subdivisions (b), (c), and
(d) of section 12022.53.
An 11-day trial was held the following month, with four days of evidence
presented by the prosecution and the defense, including two witnesses for Gomez.
During opening statements, the prosecutor remarked: “Count 2, the evidence will show
that the defendant attempted to murder Victim Angelica [P.] by shooting her in the face
and chasing her down and beating her until the neighbors interrupted him. He did it with
premeditation, and he did it with malice.”