People v. Flores CA2/2

BACKGROUND

By information defendant was charged in count 1 with the first degree murder of Alejandro Aguilar, in violation of Penal Code section 187, subdivision (a);1 in count 2 with the attempted premeditated murder of Jessica Smith,2 in violation of sections 664 and 187, subdivision (a); in count 3 with assault with a semiautomatic firearm, in violation of section 245, subdivision (b); and in count 4, felon in possession of a firearm, in violation of section 29800, subdivision (a)(1). As to counts 1, 2, and 3, the information alleged that defendant personally used and intentionally discharged a firearm, which caused great bodily

All further statutory references are to the Penal Code, unless otherwise indicated. Because Jessica Smith shares a surname with witness Ida Smith, we refer to her as Jessica. After first mention, we refer to other persons by their surnames or occasionally their full names. At trial and in the appellate briefs, both parties have used nicknames for Aguilar and Raul Espinoza throughout. “Titi” is Aguilar; and “Bam” or “Bam Bam” is Espinoza.

2 injury and death within the meaning of sections 12022.7, subdivision (a) and 12022.53, subdivisions…