People v. McCloud CA2/1

BACKGROUND

Our opinion in the previous appeal sets forth the factual and procedural background in detail (see People v. McCloud (2012) 211 Cal.App.4th 788), and we need not repeat it here. The charges arise from the firing of 10 shots at a crowded party at which hundreds of people were present; two people were killed and a third was wounded. McCloud was convicted of two counts of second degree murder and 46 counts of assault with a firearm. (Id. at p. 792.) He was sentenced to 202 years to life in state prison. (Ibid.) On appeal, we affirmed McCloud’s murder convictions but reversed 38 of his 46 convictions for assault with a firearm. (McCloud, supra, 211 Cal.App.4th at p. 808.) We also vacated his sentence and remanded for further proceedings. (Ibid.) On remand, the trial court conducted a sentencing hearing, at which the prosecution elected to proceed with the assault charges on only counts 3, 10, 11, 12, 26, 36, 47, and 48. The court sentenced McCloud to 113 years and 4 months to life in state prison, calculated as follows: on count 1 (murder), 15 years to life, plus 25 years to life for the firearm enhancement; on count 2 (murder), 15 years to life, plus 25 years to life for…