People v. Timberlake CA5

STATEMENT OF THE CASE

As stated by this court in its opinion in Timberlake I, “A jury acquitted appellant Paul Timberlake of first degree murder, but convicted him of the lesser included offense of second degree murder (Pen. Code, § 187, subd. (a); count 1). [Footnote omitted.] It also found him guilty of being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 2); carrying a loaded firearm as an active street gang member (§ 25850, subd. (c)(3); count 3); and being an active member of a criminal street gang (§ 186.22, subd. (a); count 4). It found not true as to count 1, but true as to count 2, that the offense was committed for the benefit of or in association with a criminal street gang (§ 186.22, subd. (b)(1); and found true, as to all counts, personal firearm use enhancements (§§ 12022.5, subd. (a); 12022.53, subd. (d)). In a bifurcated proceeding, the trial court found Timberlake suffered two prior strike convictions (§ 667, subds. (c)-(j)), two prior serious felony convictions (§ 667, subd. (a)(1), and served two prior prison terms (§ 667.5, subd. (b)).” “The trial court sentenced Timberlake to an aggregate term of 65 years to life, consisting of 15 years to…