People v. Luna CA5

INTRODUCTION

I. Procedural History

Following the fatal, gang-related shooting of Francisco Pena, 1 coappellants Julian Junior Luna and Arturo Morfin were charged with first degree murder that was willful, deliberate, and premediated and perpetrated by means of lying in wait (Pen. Code, §§ 187, subd. (a), 189, subd. (a); count 1).2 The information further alleged murder special-circumstances of lying in wait and active gang participation (§ 190.2, subd. (a)(15), (22)), a firearm enhancement (§ 12022.53, subds. (d), (e)(1)), and a gang enhancement (§ 186.22, subd. (b)(5)). In connection with a shooting that occurred four days earlier and injured Francisco’s young nephew, Morfin was also charged with shooting at an occupied vehicle (§ 246; count 2) with attached firearm and gang enhancements (§§ 12022.53, subd. (d), 186.22, subd. (b)(4)); and assault with a firearm (§ 245, subd. (a)(2); count 3), with attached firearm, personal infliction of great bodily injury (GBI), and gang enhancements (§§ 12022.5, subd. (a), 12022.7, subd. (a), 186.22, subd. (b)(1)(C)). As to Morfin, the information alleged he suffered one prior serious or violent felony conviction within the meaning of…