People v. Ponder CA1/2

Filed 12/22/21 P. v. Ponder CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A159260

v. KALI PONDER (Alameda County Super. Ct. No. 617371) Defendant and Appellant.

A jury found defendant Kali Ponder guilty of second degree murder (count 1), assault with a firearm (count 2), and shooting at an inhabited building (count 3) and found various firearm enhancements true (Pen. Code,1 §§ 12022.5, subd. (a), 12022.53, subds. (b), (c), (d)). Defendant moved to strike the firearm enhancements in the interest of justice under section 1385. Defendant was an 18-year-old senior in high school at the time of the offenses. Evidence at trial established he grew up with domestic violence and substance abuse in the…