People v. Heredia CA4/2

BACKGROUND

In a joint trial with codefendant Victor Randy Lopez, the jury convicted defendant

of attempted murder (§§ 664, 187, subd. (a)), count 1), kidnapping for robbery (§ 209,

subd. (b), count 2), second degree robbery (§ 211, count 3), and automobile grand theft

(former § 487(3), count 4). The jury found enhancement allegations true that as to

count 1, a principal was armed with a firearm (§ 12022, subd. (a)(1)) and that Lopez

personally used a firearm in committing the attempted murder (§ 12022.5). The jury

further found on counts 1, 2, and 3 that Lopez personally inflicted great bodily injury on

the victim, and on counts 2, 3, and 4 that Lopez and defendant each personally used

firearms (§ 12022.5). The jury rejected the allegation that defendant committed the

attempted murder with premeditation and deliberation, but found that Lopez did so.

In January 1992, the trial court sentenced defendant to determinate and

indeterminate prison terms. The determinate term was 13 years, consisting of

3 consecutive terms of 7 years for the attempted murder, an additional year because a

principal was armed, and 5 years for defendant’s firearm use on another count, to…