People v. Barker CA5

INTRODUCTION

A jury convicted Joseph Barker (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)), willful, deliberate, and premeditated attempted murder (§§ 664, subd. (a), 187, subd. (a); count 2) with an enhancement for the intentional discharge of a firearm (§ 12022.53, subd. (c)), and assault with a semiautomatic firearm (§ 245, subd. (b); count 3) with an enhancement for the personal use of a firearm (§ 12022.5, subd. (a)). The trial court sentenced appellant to 47 years to life plus 20 years in state prison. On appeal, appellant claims there was insufficient evidence to sustain the section 12022.53(d) firearm enhancement on count 1, and the finding on count 2 that the attempted murder was willful, deliberate, and premeditated. We conclude substantial evidence supported the jury’s findings. We affirm.

FACTUAL BACKGROUND

I. Surveillance Videos.

On May 4, 2022, appellant drove to a gas station in his black Chrysler sedan. Erica Gonzalez, his codefendant and…