People v. Raya CA5

INTRODUCTION

Defendant Cesar Raya and his codefendant, Vincent Prado-Lopez,1 entered an occupied home in Exeter in the early morning hours. They eventually woke the home’s occupants, one of whom was shot in the arm during the encounter. Defendant and Prado- Lopez fled the home with various items belonging to the occupants, including firearms. Defendant was convicted by jury of attempted murder (Pen. Code,2 §§ 187, 664; count 1), two counts of residential robbery (§§ 211, 213; counts 2-3), residential burglary (§§ 459, 460; count 4), and assault with a semiautomatic firearm (§ 245, subd. (b); count 5). As to each count, the jury found true a gang enhancement (§ 186.22, subd. (b)(1)(C)) and firearm enhancement (§ 12022.5, subds. (a), (d)). As to counts 1 through 3, the jury also found true the allegation that a principal discharged a firearm causing great bodily injury (§ 12022.53, subds. (d), (e)(1)).3 In addition, defendant pled guilty to one count of vandalism arising from an unrelated incident. (§ 594, subd. (a); count 11). Defendant was sentenced to an aggregate term of 75 years to life plus 13 years. On appeal, defendant contends his conviction of attempted murder is not…