People v. Gaines CA1/4

Filed 7/15/16 P. v. Gaines CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,

Plaintiff and Respondent,

A 136979

v. ERIC GAINES , (Alameda County Super. Ct. No. 167692) Defendant and Appellant.

A jury convicted defendant Eric Gaines of one count of murder (Pen. Code,1 § 187, subd.(a)) and two counts of being a felon in possession of a firearm (former § 12021, subd. (a)(1)). The jury also found defendant personally used a firearm, causing great bodily injury or death (§§ 12022.53, subd. (d), 12022.7, subd. (a).) The jury, however, acquitted defendant of a second murder count and special circumstances allegation (§§ 187, subd. (a); 190.2, subd. (a)(3)), related firearm possession count (former § 12021, subd. (a)(1)), and…