People v. Mendoza CA5

BACKGROUND

Defendant was charged with first degree premeditated murder (§§ 187, subd. (a), 189, subd. (a) [count 1]), willfully and maliciously discharging a firearm from a motor vehicle at another person outside the vehicle (former § 12034, subd. (c) [count 2]), possession of a firearm by a convicted felon (former § 12021, subd. (a)(1) [count 3]), possession of ammunition by a convicted felon (former § 12316, subd. (b)(1) [count 4]), and active gang participation (§ 186.22, subd. (a) [count 5]). The information further alleged: (1) as to count 1, defendant personally used a firearm (§ 12022.5, subd. (a)), was an active gang participant who carried out the murder to further the activities of the gang (§ 190.2, subd. (a)(22)), and discharged a firearm from a motor vehicle at another person outside the vehicle with the intent to inflict death (id., subd. (a)(21)); (2) as to counts 1 and 2, he personally and intentionally discharged a firearm and caused the victim’s death (§ 12022.53, subd. (d)); (3) as to counts 1 through 4, he committed the offense for the benefit of, at the direction of, or in association with a gang (§ 186.22, subd. (b)(1)); and (4) as to all counts, he was…