People v. Guzman CA6

STATEMENT OF THE CASE

A jury convicted defendant Jonathan Ismael Guzman of first degree murder (Pen. Code, §§ 187/189).1 The jury found true an allegation that defendant personally and intentionally discharged a firearm causing death (§ 12022.53, subd. (d)) and found true an allegation that defendant committed murder for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). The trial court sentenced defendant to a total prison term of 50 years to life, consisting of a term of 25 years to life for the murder and a term of 25 years to life for the firearm enhancement. The trial court stayed the sentence on the gang enhancement.

1 Subsequent unspecified statutory references are to the Penal Code. Defendant now appeals from the judgment of conviction. On appeal, he contends that there was insufficient evidence to support the “primary activities” element of the gang enhancement. He also contends that his sentence is cruel and unusual punishment under Miller v. Alabama (2012) 567 U.S. ___,132 S.Ct. 2455 (Miller). As set forth below, we conclude that the prosecution presented sufficient evidence in support of the gang enhancement, and we also conclude that defendant’s…