People v. Esquivel CA3

I. BACKGROUND

The People charged defendant with willful, deliberate, and premeditated attempted murder (Pen. Code, §§ 187, subd. (a), 664)1 and assault with a semiautomatic firearm (§ 245, subd. (b)). As to the attempted murder, the People alleged defendant personally and intentionally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)) and personally inflicted great bodily injury (§ 12022.7, subd. (a)). As to the assault, the People alleged defendant personally used a firearm (§ 12022.5, subd. (a)) and personally inflicted great bodily injury (§ 12022.7, subd. (a)). In 2021, a jury found defendant guilty of the charged offenses and found true the enhancement allegations. The trial court sentenced defendant to an aggregate term of 32 years to life imprisonment. On appeal, a different panel of this court reversed the judgment, concluding that the trial court prejudicially erred in excluding evidence that defendant believed the victim was affiliated with a gang. (See People v. Esquivel (Dec. 23, 2022, C094455) [nonpub. opn.].) A second trial commenced in April 2024. A. Norma’s Testimony Norma testified she was working at a restaurant in Yuba City on the…