People v. Bustos CA2/7

INTRODUCTION

Defendant Federico Bustos appeals from the judgment of conviction entered after a jury trial. The jury found Bustos guilty of the first degree murder of Victor Tapia (Pen. Code, § 187, subd. (a)1; count 1), committed while engaged in the commission of a robbery and kidnapping (§ 190.2, subd. (a)(17)); the willful, deliberate, and premeditated attempted murder of Alejandro Hernandez (§§ 187, subd. (a), 664; count 2) during which Bustos personally used a firearm (§ 12022.53, subd. (b)), personally and intentionally discharged a firearm causing great bodily injury or death (§ 12022.53, subds. (c) & (d)), and personally inflicted great bodily injury (§ 12022.7, subd. (a)); and assault with a semiautomatic firearm upon Hernandez (§ 245, subd. (b); count 3) during which Bustos personally used a firearm (§ 12022.5, subd. (a)) and personally inflicted great bodily injury (§ 12022.7, subd. (a)). The jury acquitted Bustos of two counts of kidnapping to commit another crime (§ 209, subd. (b)(1); counts 4 & 5) but found him guilty of the lesser included offense of kidnapping (§ 207, subd. (a)). With respect to the kidnapping of Tapia (count 4), the jury found true the…