People v. Gonzalez CA4/3

STATEMENT OF FACTS AND PROCEDURAL HISTORY

In December 2011, a jury found Gonzalez guilty of attempted murder (counts 1 through 3), shooting at an inhabited dwelling (count 4), kidnapping (count 5), imprisonment by violence (count 6), corporal injury to spouse (count 7), and being a felon in possession of a firearm (count 8). On each of the three attempted murder counts, the jury also found true the special allegation that Gonzalez personally used a firearm (§ 12022.53, subd. (b)), personally and intentionally discharged a firearm (§ 12022.53, subd. (c)), and committed the offense for the benefit of and at the direction of a criminal street gang. (§ 186.22, subd. (b)(1)(C).) The court also found true allegations that Gonzalez had suffered two prior convictions for purposes of section 667.5, subdivision (b).

3 The trial court sentenced Gonzalez to an indeterminate term of 15 years to life in prison on each of the three attempted murder counts (counts 1 through 3). In addition, the court sentenced him to another 20 years on each attempted murder count for personal and intentional discharge of a firearm (§ 12022.53, subd. (c)). The court imposed, but stayed, another 10 years on each…