The People v. Silva CA2/5

I. INTRODUCTION

A jury convicted defendant, Frank Silva, of first degree murder. (Pen. Code,

§ 187, subd. (a).) 1 The jury further found defendant personally and intentionally discharged a firearm and proximately caused death to a person other than an accomplice. (§ 12022.53, subd. (d).) We modify defendant’s presentence custody credit. We affirm the judgment in all other respects.

II. THE EVIDENCE

On the night of September 18, 2010, Ulysses Novoa, David Canales (the decedent) and Samuel Canales, were working as disc jockeys at a rave party. The party was held in an industrial area of Boyle Heights. Samuel was David’s cousin. In addition to working

as a disc jockey, David2 was selling nitrous oxide balloons. He filled the balloons from a nitrous oxide tank. When inhaled, nitrous oxide produces a very short intoxicating effect. Defendant approached David and asked about the price for the balloons. David told defendant two balloons cost $5. Defendant said the price was too expensive. He walked away. Defendant returned 15 or 20 minutes later. There were five or six males with him. Again defendant asked David about the price. David said he had lowered the price to three balloons…