People v. Arbuckle CA1/2

BACKGROUND

I. Procedural Background

In an amended complaint filed on August 4, 2011, the People charged Arbuckle with two counts: (1) the premeditated attempted murder of Brown (§§ 187, subd. (a), 664, subd. (a)) and (2) shooting at an occupied motor vehicle (§ 246). For both counts, the complaint further alleged: (1) personal and intentional discharge of a firearm, causing great bodily injury (§§ 12022.7, subd. (a), 12022.53, subd. (d)); (2) personal and intentional discharge of a firearm (§ 12022.53, subd. (c)); and (3) personal use of a firearm (§§ 12022.5, subd. (a), 12022.53, subds. (b) and (g)). The case went to trial in January 2013 and the jury deliberated for approximately 15 hours over four days. The jury found Arbuckle guilty on count 2 and found all the allegations associated with that count to be true. The jury was unable to reach a verdict on count 1 and the court declared a mistrial on that count. Count 1 was later dismissed on the motion of the district attorney. On May 24, 2013, the court imposed a sentence of 32 years to life in prison—7 years for the violation of section 246, plus 25 years to life for the section 12022.53, subdivision (d), enhancement.…