People v. Gonzalez CA4/3

FACTS AND PROCEDURAL HISTORY

I.

SENTENCE

A jury found Defendant guilty of first degree murder (Pen. Code, § 187, subd. (a)),1 and shooting at an occupied motor vehicle (§ 246). It also found true that he personally used a firearm in the commission of both offenses (§ 12022.53, subd. (d)). The trial court sentenced Defendant to a total term of 50 years to life in prison, comprised of 25 years to life for the murder charge plus a consecutive term of 25 years to life on the accompanying firearm enhancement. As to Defendant’s conviction for shooting at an occupied motor vehicle, the court imposed a determinate sentence of three years plus 25 years to life for the related firearm enhancement, and ordered these terms to run concurrent to his murder sentence.

II.

EVIDENCE AT TRIAL

A. Defendant and Victim’s Relationship Defendant and Victim were former friends. They used to hang out together, sometimes with Jolene L., who had been in an on-and-off relationship with Defendant since they were in middle school.

1 All further undesignated statutory references are to the Penal

Code.

3 One night in March 2018, Victim and Jolene L. were drinking and smoking with a group of friends at a…