People v. Reaza CA4/2
Opinion
Opinion
I. FACTUAL AND PROCEDURAL BACKGROUND2
Defendant was the driver in a drive-by shooting committed with a shotgun; one
person was killed and another injured. Officers recovered a shotgun in a vehicle driven
by someone who testified that defendant had given him the shotgun. The witness
testified defendant told him to keep the shotgun because they had used it to shoot at rival
gang members. Defendant admitted to police that he drove the vehicle that night and that
his passenger had fired shots at the victims; however, defendant denied knowing in
advance that his passenger intended to shoot. (People v. Reaza, supra, E038773.)
On October 21, 2004, the People charged defendant by felony information with
murder (§ 187, subd. (a), count 1), attempted murder (§§ 664, 187, subd. (a), count 2),
personally discharging a firearm from a moving vehicle (§ 12034, subd. (c), count 3),
personally discharging a firearm at an inhabited dwelling house (§ 246, count 4), and
being a felon in possession of a firearm (§ 12021, subd. (a)(1), count 5). As to the count
1 offense, the People further alleged that the murder was intentional and perpetrated by