Flores

I

Appellant Roy Segundo Flores was convicted of two counts of second degree murder (Pen. Code, § 187) and one count of attempted murder (§§ 187/664). As to each count, it was found that appellant used a firearm (§ 12022.5). Appellant was sentenced to a term of 15 years to life for each murder conviction, and 9 years for the attempted murder conviction.

Facts

On the night of August 28, 1984, two men were killed at the San Antonio Alegre Bar (Alegre) and a third was wounded.

Jose Meza, a customer, testified he was a friend of the two men who were killed. Meza stated that as he approached the Alegre he noticed a man leaving the building. Inside, when Meza left the booth where two friends, Juan Espinoza and Eulogio Garcia, were sitting, he saw the same man return, carrying a handgun; he walked to the booth and began shooting at Meza’s friends, killing both of them and wounding an innocent bystander. When the man with the handgun fled, Meza followed and fired at him with a pistol Meza had in his possession. The man returned the fire as did Meza, who chased the suspect down the street.

Appellant was arrested later at Community Hospital while being treated for a gunshot…