Gonzalez

People v. Gonzalez

Good Law
148 Cal. Rptr. 3d 473·2012 Cal. App. LEXIS 1120·210 Cal. App. 4th 724
Court of Appeal of CaliforniaOctober 26, 2012No. B236874California8,468 words

Opinion

Lead Opinion

Johnson, J.

A jury convicted Jimmy Gonzalez of first degree murder, and the trial court sentenced Gonzalez to 80 years to life in state prison. Gonzalez appeals. We affirm.

BACKGROUND

An information filed July 9, 2009, charged Gonzalez and his codefendant Sheena Santos with one count of first degree murder of Mikko Brooks, in violation of Penal Code 1 section 187, subdivision (a). The information alleged that a principal personally and intentionally discharged a firearm (a rifle) causing great bodily injury (§ 12022.53, subds. (d) & (e)(1)), personally and intentionally discharged a firearm (§ 12022.53, subds. (c) & (e)(1)), and personally used a firearm (§ 12022.53, subds. (b) & (e)). The information also alleged that Gonzalez had a prior serious or violent felony conviction (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)), a prior serious felony conviction (§ 667, subd. (a)(1)), and had served three prior prison terms (§ 667.5, subd. (b)). Gonzalez pleaded not guilty and denied the allegations. Gonzalez and Santos were tried together, with separate juries.

The murder of Mikko Brooks

At trial, Dayanara Barrett testified that shortly after 6:30 a.m. on January 9, 2008, she…

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