People v. Bernal CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

“Defendant and his 15-year-old nephew visited a taco stand. They exchanged words and punches with Juan Medina (“Medina”), one of the stand’s employees, but eventually left. They later returned, but this time [d]efendant brought a shotgun and his nephew brought a knife. Medina had since tucked a BB gun into his apron. Upon arriving, [d]efendant drew his shotgun, Medina fled, and [d]efendant shot him in the back. An unknown shooter shot [d]efendant’s nephew in the chest . . . . Medina lived; the nephew did not.” (People v. Bernal (Oct. 16, 2014, B251438 [nonpub. opn.]).)

II. Procedural Background

A. Underlying conviction, sentence, and appeal “The People charged defendant with (1) the attempted murder of Medina (§§ 664, 187)[,] and (2) the murder of the nephew, on the theory that [d]efendant’s provocative act of shooting at Medina set in motion the chain of events resulting in

All further statutory references are to the Penal Code unless otherwise indicated.

2 the nephew’s death ([§ 187]). The jury found [that] [d]efendant’s acts were not premeditated, and accordingly found him guilty of the attempted (but not…