P.
P. v. Davila CA2/5
Opinion
Opinion
I. INTRODUCTION
A jury convicted defendants Gilbert Joseph Davila, Saul Gutierrez and Miguel Angel Suarez of two counts of attempted willful, deliberate and premeditated murder (Pen. Code,1 §§ 664, 187, subd. (a)) committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). The jury found each defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)). Defendants each were sentenced to life in state prison plus a consecutive 3-year term. We modify Mr. Davila‟s presentence custody credit. We affirm the judgments in all other respects.
II. THE EVIDENCE
A. The Prosecution Case
On June 9, 2010, an individual assaulted Gilbert Lopez, an El Monte Flores gang member. The assault occurred in an area controlled by the gang. Jonathan Temores, an associate of the gang, was with Mr. Lopez at the time. Jonathan2 did not come to Mr. Lopez‟s aid. Three days later, Mr. Lopez died as a result of injuries sustained in the assault. Jonathan‟s father, Jose Temores, Sr. (Jose Sr.) testified that after Mr. Lopez was assaulted, in the evening of that day, he received several telephone calls on a cellular telephone he shared with Jonathan. First, a male voice asked…