People v. Contreras CA2/2

BACKGROUND

Defendant’s 2010 conviction In 2010, defendant was convicted after a jury trial of first degree murder in violation of section 187, subdivision (a). The jury found true allegations that a principal personally used a firearm within the meaning of section 12022.53, subdivisions (b), (c) and (d), and that the crimes were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). The trial court sentenced defendant to a total term of 50 years to life in prison comprised of 25 years to life for the murder plus 25 years to life for the firearm enhancement under section 12022.53, subdivision (d).2 This court affirmed the judgment in People v. Contreras (Jan. 29, 2013, B233109) (nonpub. opn.).

All further unattributed code sections are to the Penal Code unless otherwise stated. Defendant was tried with codefendant Victor Zermeno, who was also convicted. The jury found true allegations that codefendant Zermeno personally and intentionally discharged a firearm causing great bodily injury or death to the victim. (§ 12022.53, subds. (b)–(d).)

2 Relevant 2008 trial evidence In March 2008, then-Deputy District Attorney Andrew Kim testified he was…