People v. Rosales CA2/3

INTRODUCTION

A jury convicted Defendant Alfonso Rosales of first degree murder in violation of Penal Code section 187, subdivision (a) (count 1) and possession of a firearm by a felon in violation of former Penal Code section 12021, subdivision (a)(1) (count 2).1 As to count 1, the jury also found true the allegations that Defendant personally discharged a firearm in the commission of the murder (§ 12022.53, subd. (d)) and that he committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). As to count 2, the jury likewise found he committed the offense for the benefit of a criminal street gang (186.22, subd. (b)(1)(A)). As to both counts, Defendant admitted he had suffered a prior serious or violent felony conviction under the three strikes law. (§§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d).) The trial court sentenced Defendant to a total term of 85 years to life imprisonment, which included 10 years for the gang enhancement under section 186.22, subd. (b)(1)(C). The court also determined Defendant was not eligible for custody credits pursuant to section 2900.5, subdivision (a). Defendant contends, and the People agree, that the trial court…