People v. Itehua CA2/2
Opinion
Opinion
FACTS AND PROCEDURAL HISTORY
Defendant is a member of the 18th Street gang. In November 2012, defendant and two other gang members approached an apartment complex during a child’s birthday party. When one of the attendees told them that children were present, one of defendant’s cohorts told her, “I don’t give a fuck, bitch . . . . We’re from 18th Street,” and punched her in the face. A few moments later, defendant pulled out a gun and opened fire on the attendee’s adult sister; one of the bullets permanently paralyzed her from the chest down. As defendant and the others fled, defendant shot a homeless man who was in front of the apartment complex four times. The People charged defendant with the willful, deliberate and premeditated attempted murder of (1) the party attendee (§§ 187, subd. (a) & 664), and (2) the homeless man (ibid.).2 The People further alleged that defendant personally and intentionally discharged a firearm and proximately caused great bodily injury (§ 12022.53, subd. (d)), that he personally inflicted great bodily injury (§ 12022.7,
All further statutory references are to the Penal Code unless otherwise indicated.