People v. Guadarrama CA4/3

Good Law
Court of Appeal of CaliforniaMarch 28, 2022G059643California2,578 words

Opinion

Opinion

Moore, J.

FACTS AND PROCEDURAL BACKGROUND

In 2006, defendant (then 16 years old) was driving in a car with several of his fellow gang members; two of them had guns. The defendant’s group came upon a group of suspected rival gang members and they got out of the car. Defendant admitted punching one of the rival group members. Two of defendant’s group members then shot three of the rival group members at point-blank range. Two of the victims died, the other victim was seriously injured. A jury convicted defendant of two counts of first degree murder, one count of premeditated attempted murder, and active gang participation. The jury found true two special circumstance allegations (gang-related murder and multiple murder). The jury also found true allegations that the murders and attempted murder were committed for the benefit of a gang, and defendant vicariously discharged a firearm. The trial court sentenced defendant to life without the possibility of parole. This court reversed defendant’s sentence and remanded for resentencing. (People v. Guadarrama (May 9, 2013, G046312) [nonpub. opn.].) The trial court ultimately sentenced defendant to a term of 25 years to life. In 2019, defendant…

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