People v. Cruz CA2/3

INTRODUCTION

Defendant and appellant Francisco Alejandro Cruz was 21 when he committed eight counts of assault with a semiautomatic weapon, six of which were on police officers. For his crimes, he was sentenced to 62 years 8 months to life in prison. He contends that his sentence constitutes cruel and unusual punishment. We disagree.

FACTUAL AND PROCEDURAL BACKGROUND

I. Factual background.

A. The Chestnut Avenue shooting. Jose Gonzalez (“Payaso”), Danny Salizar (“Green Eyes”), Ruben Ruiz (“Chucky”), Mario Ortiz (“Criminal”), and defendant (“Snoopy”) were members of Southside Players, a gang claiming territory in South Gate. Gonzalez and Ruiz testified at defendant’s trial. On the evening of January 9, 2009, Gonzalez was at “Reckless’s” house. Gonzalez had a semiautomatic handgun that would jam after it was fired. Gonzalez shot the gun once into the dirt, but he did not clear the jam. Gonzalez left the party in his white Chevy Tahoe and picked up Salizar, Ruiz, and defendant. Gonzalez was on Chestnut Street when defendant told him to stop the car, saying he was going to get some drugs. Ruiz told defendant to be careful, and defendant told him not to worry, he was “…