People v. Gonzalez CA5

INTRODUCTION

A jury convicted Erica Gonzalez (appellant) of second degree murder (Pen. Code, §§ 187, subd. (a), 189, subd. (b); count 1)1 with an enhancement for the intentional discharge of a firearm proximately causing great bodily injury or death (§ 12022.53, subd. (d); hereinafter section 12022.53(d)), assault with a semi-automatic firearm (§ 245, subd. (b); count 3) with an enhancement for the personal use of a firearm (§ 12022.5, subd. (a)), and discharging a firearm from a motor vehicle (§ 26100, subd. (c); count 4) with an enhancement for the personal use of a firearm (§ 12022.5, subd. (a)). The trial court sentenced appellant to 40 years to life plus six years in state prison. On appeal, appellant claims the trial court abused its discretion in refusing to dismiss appellant’s section 12022.53(d) enhancement pursuant to section 1385, subdivision (c). We conclude an abuse of discretion did not occur. We affirm.

FACTUAL BACKGROUND

I. Surveillance Videos.

On May 4, 2022, Joseph Barker drove to a gas station in his black Chrysler sedan. Appellant’s codefendant and girlfriend was sitting in the front passenger’s seat.2 The events at the gas station were captured on high…