People v. Andrade CA2/2

BACKGROUND

Defendant was charged by indictment with the murder of his wife, Esperanza, in violation of Penal Code section 187, subdivision (a),1 and with disobeying a domestic relations court order, in violation of section 273.6, subdivision (a). The indictment also alleged that defendant had personally used, and personally and intentionally discharged a firearm, causing great bodily injury and death to Esperanza, within the meaning of section 12022.53, subdivisions (b) and (c). Defendant pled no contest to the violation of court order, and a jury found defendant guilty of the murder in the first degree, and found true the three firearm allegations. On February 23, 2015, the trial court sentenced defendant to prison for 25 years to life, plus a consecutive term of 25 years to life due to the firearm enhancement alleged under section 12022.53, subdivision (d). The court imposed additional consecutive firearm enhancements of 10 years and 20 years, and stayed the terms pursuant to section 654. Defendant was given 144 days of presentence custody credit and was ordered to pay fines, fees, and restitution. Defendant filed a timely notice of appeal from the judgment. Prosecution…