People v. Lara CA5

BACKGROUND

Charges The Kern County District Attorney charged Lara with committing four crimes: attempted murder (Pen. Code, 1 § 664/187), burglary (§ 460), robbery (§ 211), and assault with a firearm (§ 245, subd. (a)(2)). The charges included enhancements for premeditation and deliberation (§ 664, subd. (a)), discharging a firearm and causing great bodily injury (§ 12022.53, subd. (d), using a firearm (§ 12022.5, subd. (a)), and causing great bodily injury (§ 12022.7, subd. (a)). Trial Evidence The victim testified Lara and another man known as Burrito came to his residence late one night. The victim believed Lara and Burrito had brought a bag of stolen mail. While they were sifting through it, a fourth man went outside and removed various tools from Lara’s vehicle. At some point, Lara and Burrito left the residence. They returned because Burrito, who now toted a shotgun, was “looking for his tool bag.” Burrito and Lara “removed [the fourth man] from the room.” About a minute later, Lara came back into the room with the shotgun, put a knee on the victim, pointed the shotgun at him, and stated, “ ‘[s]hut the fuck up, mother- fucker. Better not say shit.’ ” He pulled the…