People v. Sanchez CA5

INTRODUCTION

A jury convicted Elijah Jene Sanchez (appellant) of willful, deliberate, and premeditated attempted murder (Pen. Code, §§ 664, subd. (a), 187, subd. (a); count 1),1 assault with a semiautomatic firearm (§ 245, subd. (b); count 2) and carrying a loaded and unregistered firearm (§ 25850, subds. (a), (c)(6); count 3). As to count 1, the jury found true the enhancement for intentional discharge of a firearm causing great bodily injury or death (§ 12022.53, subd. (d)). As to count 2, the jury found true enhancements for personal use of a firearm (§ 12022.5, subd. (a)) and personal infliction of great bodily injury (§ 12022.7, subd. (a)). In a bifurcated phase of the trial, the jury found true the allegation that appellant committed count 3 for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1).) However, the jury was unable to reach a verdict as to the gang allegations on counts 1 and 2.2 The trial court sentenced appellant to 32 years to life in state prison. Appellant raises three claims on appeal. First, he contends the trial court erred in denying his motion to replace appointed counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118. Next, he argues the…