People v. Follings CA1/1

I. FACTUAL AND PROCEDURAL BACKGROUND

In December 2017, an information was filed by the Alameda County District Attorney, charging appellant, Mendoza, and Valeria Rose Boden in count one with DelToro’s murder. (Pen. Code,2 § 187, subd. (a).) With regard to count one, the information alleged that both Mendoza and appellant personally and intentionally discharged a firearm which proximately caused great bodily injury and death (§§ 12022.5, subd. (a), 12022.53, subds. (b)–(d), (e)(1) & (g)), doing so for the benefit of a criminal street gang (§ 186.22, subd. (b)(5)), and that the charged murder was a serious felony (§ 1192.7, subd. (c)(8)) and a violent felony (§ 667.5, subd. (c)). The information further alleged a special circumstance that the murder was committed against a witness to a crime. (§ 190.2, subd. (a)(10).) Counts two and three charged appellant and Mendoza, respectively, with possession of a firearm by a felon. (§ 29800, subd. (a)(1).) Appellant was alleged to have sustained two prior felony convictions. Additional enhancements were alleged with respect to Boden and Mendoza. Prior to trial, Boden’s matter was severed from that of Mendoza and appellant. Jury trial with…