People v. Elzy CA2/5

I. Facts3

A. The underlying crime At approximately 8:15 p.m. on July 17, 2005, Percy Lemle (Lemle) parked his bus in a lot on Vermont Avenue, in Los Angeles. Defendant and his companion approached Lemle while wearing hoods pulled down to obscure their faces. Defendant pulled a gun from his pocket and fired one shot at Lemle. Lemle ran, and more shots were fired as the two men chased him. Lemle was struck in the head, causing paralysis resulting in four surgeries and extensive rehabilitation. B. Conviction and appeal The People charged defendant with attempted murder (§§ 664, 187). The People also alleged that the attempted murder was premeditated, that defendant personally used and discharged a firearm causing great bodily injury (§ 12022.53, subds. (b), (c), and (d)), and that he personally inflicted great bodily injury (§ 12022.7, subd. (a)).

3 We draw these facts from our prior, unpublished appellate opinion affirming defendant’s convictions. (People v. Elzy (Feb. 5, 2010, B213673).) We do not rely upon this factual summary in reaching our decision but instead paraphrase it to give context to our discussion.

2 At trial and as relevant here, the jury was…