People v. Cornejo CA3

BACKGROUND

In 2012, a jury found defendant guilty of one count of second degree murder (§ 187; count one), four counts of attempted murder (§§ 664, 187; counts two through five), and one count of shooting at an inhabited dwelling (§ 246; count six). (People v. Cornejo (2016) 3 Cal.App.5th 36, 42 (Cornejo).) The jury found the murder was committed by shooting a firearm from a motor vehicle at another person outside the vehicle with the intent to inflict great bodily injury (§ 190, subd. (d)). (Cornejo, at p. 42.) “The jury also found the crimes were committed for the benefit of, at the direction of, or in association with, a criminal street gang with the specific intent to promote, further, or assist in any criminal conduct by gang members. (§ 186.22, subd. (b).) Various firearm enhancement allegations were also found to be true. (Former §§ 12022.53, subds. (c), (d), (e)(1), 12022.5, subd. (a).)” (Ibid.) In our opinion deciding defendant’s direct appeal, we summarized the facts of the case.2 In short, the victim, along with four companions, was in his wife’s car returning to his house from the store. (Cornejo, supra, 3 Cal.App.5th at pp. 44-45.) “Before the car came to a stop in…