People v. Collins CA1/2

BACKGROUND

During an argument on the street in 1999, Collins fired multiple rounds from a nine-millimeter handgun; a number of which penetrated a nearby house and killed its occupant with a single gunshot wound to the chest.3 In 2002, a jury convicted Collins of second degree murder (§ 187; count 1) and possession of a firearm by a felon (§ 12021, subd. (a)(1); count 2) and found true enhancements for personal use of a firearm and personal and intentional discharge of a firearm causing great bodily injury (§§ 187, 12022.5, subd. (a)(1); 12022.53, subds. (b), (c), (d)), a prior qualifying “strike” conviction (§§ 667, 1170.12), a prior serious felony conviction (§ 667, subd. (a)(1)), and a prior prison term (§ 667.5(b)).

2 The question in this case was left open by the Supreme Court in

People v. Rhodius (2025) 17 Cal.5th 1050, 1066, footnote 2 (Rhodius) and, as is discussed below, is factually distinguishable from the issue to be decided in People v. Espino (2024) 104 Cal.App.5th 188, 194 (Espino), review granted October 23, 2024, S286987, which hinges on the “imposition” of a stricken prison prior enhancement’s punishment. Pending briefing before the Supreme Court is limited to…