People v. Perez CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts2

A. The underlying crime On October 12, 1990, following a melee involving several people at an after-party, Gilbert Eugene Rosales (Rosales) called defendant, and asked defendant to pick up him up and to bring a gun “because there was trouble.” Defendant did as Rosales asked. When one of the people involved in the earlier fight approached defendant’s car, defendant opened the hatchback of the car and Rosales fired several shots from the rifle defendant brought. One of the shots hit one of those people, killing him. B. Charging, conviction and appeal The People charged defendant with (1) first degree murder (§ 187, subd. (a)), and (2) discharging a firearm at an occupied motor vehicle (§ 246). The People also alleged that defendant had furnished a firearm for the purpose of aiding and abetting another person to commit a felony (§ 12022.4), and that a

All further statutory references are to the Penal Code unless otherwise indicated.

We draw these facts from our prior opinion affirming defendant’s conviction on appeal. (People v. Rosales and Perez (Jan. 27, 1993, B062327) [nonpub. opn.].)

2 principal was armed with a…