People v. Chacon CA5

INTRODUCTION

In June 2014, a jury found defendant Anthony Chacon to have been the shooter in a drive-by shooting that targeted defendant’s fellow gang member.1 Although the intended victim was unharmed, a ricocheting bullet struck and killed a two-year-old girl who was playing in her front yard. The jury convicted defendant of first degree drive-by murder (Pen. Code,2 §§ 187, 189; count 1), attempted murder (§§ 187, 664; count 2), and shooting at an inhabited dwelling (§ 246; count 3). As to count 1, the jury found defendant committed the murder by means of a drive-by shooting and to further the activities of a criminal street gang (§ 190.2, subd. (a)(21) & (22)); personally discharged a firearm causing death (§ 12022.53, subd. (d)); inflicted great bodily injury or death by shooting a firearm from a motor vehicle (§ 12022.55); and committed the murder for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)). As to count 2, the jury found defendant personally discharged a firearm (§ 12022.53, subd. (c)), and committed the crime for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22,…