People v. Estrada CA5

BACKGROUND

The underlying facts of this matter are fully set forth in our prior opinion and we need not repeat them here. (See People v. Estrada (Jan. 16, 2018, F073329) [nonpub. opn.].) We will, however, outline the procedural history of the case for context. Estrada was charged by an information filed in the Fresno County Superior Court with one count of murder. (§ 187, subd. (a).) The murder charge was accompanied by a drive-by shooting special circumstance allegation under section 190.2, subdivision (a)(21) (i.e., that the murder was committed by shooting a gun from a motor vehicle with the intent to kill). The special circumstance allegation subjected Estrada to a sentence of life imprisonment without the possibility of parole (LWOP). A firearm enhancement allegation under section 12022.53, subdivision (d), for “personally and intentionally” discharging a firearm and proximately causing great bodily injury or death, was also attached to the murder charge. This enhancement requires imposition of an “additional and consecutive” term of 25 years to life, beyond the sentence for the underlying offense. A jury found Estrada guilty of first degree murder and found true both the…