People v. Bland CA2/2

BACKGROUND

In 2005 defendant and codefendant Pablo Bernoudy were charged with murder, tried together, and convicted of murder in the first degree. (§ 187, subd. (a).) The jury found true the allegations against defendant that a principal discharged a firearm causing death or great bodily injury (§ 12022.53, subds. (b), (c), (d), and (e)(1)) and that the murder was committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote the gang (§ 186.22, subd. (b)(1)(A)). The jury found true the allegations against Bernoudy that he personally and intentionally used and discharged a firearm causing death or great bodily injury within the meaning of section 12022.53, subdivisions (b), (c), (d), and (e)(1); that a principal was armed with a firearm (§ 12022, subd. (a)(1)); and that the murder was committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote the gang (§ 186.22, subd. (b)(1)(A)). Defendant was sentenced to a term of 50 years to life in prison composed of 25 years to life for the murder plus 25 years to life for the firearm enhancement…