In re Balbuena CA1/2

STATEMENT OF THE CASE AND FACTS

As described in our opinion on petitioner’s appeal from his convictions, petitioner was charged together with two adult defendants with the murder of Jose Segura, attempted murder of Auralia Giron, and street terrorism, based on his participation in gang-retaliation offenses in 2006. (People v. Balbuena (May 5, 2010, A122043) [nonpub. opn.].) A full recitation of the facts is unnecessary here: It is sufficient to state that the evidence indicated petitioner was one of three people who fired shots into the car where the victim was sitting, but did not fire the fatal shots. (Id. at pp. 4, 9.) Petitioner

1 was found guilty of the charged offenses, and found to have intentionally and personally discharged a firearm in the commission of the murder and attempted murder. (Id. at p. 2.) He was sentenced to an aggregate prison term of 82 years to life, consisting of 25 years to life for the murder with a mandatory consecutive 25 years to life for the Penal Code1 section 12022.53 enhancement, a consecutive middle term of seven years for the attempted murder with a mandatory 25 years to life for the section 12022.53 enhancement, and a concurrent middle term…