P.
P. v. Sanchez CA4/3
Opinion
Opinion
FACTS
A full recitation of the facts is not necessary given the issues raised on appeal. It suffices to say that in 1996, defendant Erwin Johnny Sanchez pled guilty to attempting to murder (§§ 187, subd. (a), 664, subd. (a)) Scott Sittler on September 29, 1994, when he shot and paralyzed Sittler. The court sentenced defendant to state prison for 20 years. Sittler died in 2009. In 2010, the district attorney filed an information against defendant, charging him with Sittler’s murder (§ 187, subd. (a)) and alleging defendant personally used a firearm in the commission of the offense (§ 12022.5, subd. (a)) and committed the murder for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). The trial court denied defendant’s motions to dismiss based on what he contended was an ex post facto application of section 194. The jury found defendant guilty of murder and found the enhancement allegations true. The court sentenced defendant to an aggregate term of 29 years to life, consisting of 25 years to life for the murder, plus a consecutive four years on the firearm use enhancement and a two-year concurrent term on the gang enhancement. II