People v. Angel CA3

BACKGROUND

The People’s information charged Angel with first degree murder with a firearm use enhancement (§§ 187, 12022.5, subd. (a); count one); attempted murder with a firearm use enhancement (§§ 664, 187, 12022.5, subd. (a); count two); evading a peace officer in willful or wanton disregard for the safety of persons or property (Veh. Code, § 2800.2; count three); and being a convicted felon in possession of a firearm (former § 12021, subd. (a)(1); count four). The information also alleged that he had suffered three prior prison terms (§ 667.5, subd. (b)) and a prior strike conviction for grand theft (§§ 1170.12, subd. (b), 667, subd. (d)). The jury found Angel guilty of murder with a firearm enhancement, evading a peace officer with willful or wanton disregard for safety, and being a felon in possession of a firearm. It found him not guilty of attempted murder. A bench trial on the prior conviction allegations was scheduled to take place the next day. The court’s specific findings are not part of the record on appeal. In September 1997, the trial court sentenced Angel to an aggregate prison term of 61 years four months to life comprised of: four years for count three (the…