People v. Marquez CA4/2

I.

INTRODUCTION

A jury found defendant and appellant Sergio Marquez guilty of first degree 1 premediated attempted murder (Pen. Code, §§ 664/187, subd. (a); count 1); discharging

a firearm at an inhabited and occupied dwelling (§ 246; count 2); assault by means of

force likely to cause great bodily injury (§ 245, subd. (a)(4); count 3); corporal injury on

a former spouse (§§ 273.5, subd. (a), 243, subd. (f)(10); count 4). The jury found true

that defendant personally discharged a firearm proximately causing great bodily injury in

the commission of counts 1 and 2 (§ 12022.53, subd. (d)); that defendant personally used

a firearm in the commission of count 3 (§ 12022.5, subd. (a)); and that defendant caused

great bodily injury in the commission of count 4 (§ 12022.7, subd. (a)). Defendant was

sentenced to seven years to life on count 1, plus 25 years to life for the firearm

enhancement attached to that count; midterm sentences were imposed, but stayed

pursuant to section 654, on counts 2 through 4 and its attendant enhancements.

Defendant was awarded appropriate custody credits and ordered to pay various fines and

fees.

After defendant appealed from the judgment,…