People v. Sagapolu CA1/2

BACKGROUND

I. Procedural Background

On November 23, 2011, the People filed an information charging Sagapolu with murder (Pen. Code,1 § 187, subd. (a)) (count 1) and being a felon in possession of a firearm (§ 12021, subd. (a)(1)) (count 2).2 The information also alleged enhancements for personal firearm use, intentional firearm discharge causing death, and three prior prison terms. (§§ 667.5, 12022.53, subd. (b).) On January 20, 2012, Sagapolu stipulated that he had been convicted of a felony for purposes of count 2. Taking of evidence commenced on February 1, 2012. The jury began to deliberate at the end of the day on February 22, 2012. Deliberation continued over five more days, the jury reaching a verdict late in the afternoon of March 1, 2012. On count 1, the jury found Sagapolu guilty of second degree murder and found true the enhancement for personal use of a firearm. The jury found not true the enhancement alleging intentional discharge of a firearm causing death. The jury also found Sagapolu guilty on count 2. The People elected not to proceed on the allegation of three prior prison terms, which had been bifurcated. On April 16, 2012, the court sentenced Sagapolu to 15…