People v. Chavez CA5

INTRODUCTION

Appellant/defendant Hector Refugio Chavez shot and seriously wounded Jorge Bravo. After a jury trial, defendant was convicted as charged of count I, attempted premeditated murder (Pen. Code, §§ 664, 187, 189),1 with enhancements for personally and intentionally discharging a firearm (§ 12022.53, subd. (d)) and inflicting great bodily injury (§ 12022.7); count II, assault with a firearm (§ 245, subd. (b)), with enhancements for personal use of a firearm (§ 12022.5, subd. (a)) and infliction of great bodily injury; count III, felon in possession of a firearm (§ 12021, subd. (a)(1)); and count IV, active participation in a criminal street gang (§ 186.22, subd. (a)), with an enhancement for personal use of a firearm. The jury found the gang enhancements true for counts I, II, and III (§ 186.22, subd. (b)). The court found defendant had one prior serious felony conviction (§ 667, subd. (a)); one prior strike conviction, and served one prior prison term (§ 667.5, subd. (b)). Defendant was sentenced for count I, attempted premeditated murder, to 15 years to life doubled to 30 years to life as the second strike term, with consecutive terms of 25 years to life for the section…