People v. Parra CA5

INTRODUCTION

Mario Javier Parra was convicted by jury of the willful, deliberate, and premeditated attempted murder of Omar Castaneda (Pen Code,1 §§ 664, 187, subd. (a); count 1); the attempted voluntary manslaughter of Jovina Mendoza (§§ 664, 192, subd. (a); count 2); discharging a firearm at an occupied motor vehicle (§ 246; count 3); two counts of first degree robbery (§ 212.5, subd. (a); counts 4 & 5); active participation in a criminal street gang (§ 186.22, subd. (a); count 7); being a felon in possession of a firearm (§ 29800, subd. (a)(1); counts 8 & 10); and unlawful possession of ammunition (§ 30305, subd. (a)(1); counts 9, 11 & 12). The jury also found true gang enhancements (§ 186.22, subd. (b)(1)) as to counts 1 through 5 and 8 through 11. It also found true firearm use enhancements under section 12022.53, subdivisions (d) and (e)(1) as to counts 1 through 3, based on a principal’s personal and intentional discharge of a firearm causing great bodily injury, and subdivision (b) as to counts 4 and 5.2 Parra was sentenced to an aggregate term of 25 years to life in state prison plus a determinate term of 20 years eight months.3 Parra raises multiple claims on appeal.…