People v. Polanco CA4/2

BACKGROUND

Defendant fired a gun at three young men who were walking down the street

together, killing one of them. In 2009, a jury found defendant guilty of first degree

murder with an enhancement for personally and intentionally discharging a firearm and

causing death (§§ 187, subd. (a), 12022.53, subd. (d); count 1), two counts of

premeditated and deliberate attempted murder, each with an enhancement for personally

and intentionally discharging a firearm (§§ 187, subd. (a), 664, subd. (a), 12022.53, subd.

(b)-(c); counts 2 & 3), and one count of unlawful possession of a firearm (§ 12021, subd.

(a)(1); count 4). Three one-year prison prior enhancements (§ 667.5, subd. (b)) were also

found true.

On May 29, 2009, the trial court sentenced defendant to a determinate term of 43

years 8 months, including a year for each of the prison priors. The determinate sentence

was to be followed by four consecutive terms of life with the possibility of parole,

including two with a minimum parole period of 25 years each. Defendant appealed the

judgment and we affirmed. (People v. Polanco (June 21, 2010, E048618) [nonpub.

opn.].)

1 All further statutory references are to the Penal…