People v. Perry CA5

INTRODUCTION

Defendant Desmond Jerome Perry was charged with two counts of willful, deliberate and premediated murder with a multiple-victims special circumstance, and one count of shooting at an occupied dwelling. (Pen. Code, §§ 187, subd. (a), 189, subd. (a), 190.2, subd. (a)(3), 246.)1 The jury convicted defendant of two counts of murder, but found the attached premeditation allegations not true. The jury also convicted defendant of shooting at an occupied dwelling and on all three counts, found true that defendant personally and intentionally discharged a firearm causing great bodily injury (GBI) or death. (§ 12022.53, subd. (d).) On counts 1 and 2, the trial court sentenced defendant to two consecutive terms of 15 years to life for second degree murder plus an additional 25 years to life for the firearm enhancement, for a total indeterminate term of 80 years to life. On count 3, the trial court sentenced defendant to the lower term of three years plus an additional term of 25 years to life for the firearm enhancement, stayed under section 654. On appeal, defendant advances several claims related to sentencing. He argues that trial counsel rendered ineffective assistance of…