People v. Daniels CA2/2

BACKGROUND

In 2013, defendant was convicted of first degree murder (§ 187, subd. (a); count 1), attempted second degree robbery (§§ 664/211; count 2), and second degree commercial burglary (§ 459; count 3).2 As to count 1, the jury found true the robbery special-circumstance allegation (§ 190.2, subd. (a)(17)). As to counts 1 and 2, the jury found true the allegation that a principal personally and intentionally discharged a firearm causing great bodily injury and death (§ 12022.53, subds. (d) & (e)); and as to all counts, the jury found true the gang enhancement of section 186.22, subdivision (b). On May 24, 2013, defendant was sentenced to prison for life without the possibility of parole plus a

All further statutory references are to the Penal Code, unless otherwise indicated. At defendant’s request we take judicial notice of our nonpublished opinion affirming the judgment in People v. Daniels (Sept. 29, 2014, B249088) (Daniels I). Our summary is drawn from the facts set forth in that opinion. We granted respondent’s request for judicial notice of portions of the reporter’s transcripts supporting facts summarized in the opinion and respondent’s brief.

2…