People v. Mendez CA3

I. BACKGROUND

In 2008, a jury found defendant guilty of the second degree murder of Gabriel Carranco (Pen. Code, § 187, subd. (a)),1 discharging a firearm from a vehicle (§ 12034, subd. (d)), and being an active participant in a criminal street gang (§ 186.22, subd. (a)). As to both the murder and discharging a firearm offense, the jury found defendant personally and intentionally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)) and that defendant committed the offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). As to the murder, the jury found defendant perpetrated the murder by means of shooting a firearm from a motor vehicle intentionally at another person outside of the vehicle with the intent to inflict great bodily injury (§ 190, subd. (d)). The court sentenced defendant to an aggregate sentence of 45 years to life, consisting of 20 years to life on the murder count and 25 years to life for the associated firearm enhancement. The court stayed punishment for the discharging a firearm conviction (and associated enhancements) and for the criminal street gang conviction under section 654. Defendant appealed the judgment, and we…