Bocanegra

BACKGROUND

An information charged defendant with attempted premeditated murder (§§ 664, 187, subd. (a); count 1), assault with a firearm (§ 245, subd. (a)(2); count 2), possession of an assault weapon (§ 30605, subd. (a); count 3), discharging a firearm in a grossly negligent manner (§ 246.3, subd. (a); count 4), and causing a concealed firearm to be carried in a vehicle while an occupant (§ 25400, subd. (a)(3); count 5). In connection with count 1, the information alleged defendant personally discharged a firearm. (§ 12022.53, subd. (c).) In connection with counts 1 and 2, the information alleged defendant personally used a firearm in the commission of a felony. (§ 12022.5, subd. (a).) The Prosecution Case Vernon R. and defendant had been friends for more than 20 years, since they were teenagers. In 2018, Vernon R., his girlfriend, and their five kids went to defendant’s house in San Jose to celebrate Christmas with defendant and his family. At some point while they were there, defendant slept with Vernon R.’s girlfriend. Around Thanksgiving 2019, defendant confessed to Vernon R. and told him the affair with Vernon R.’s girlfriend was a “one-time thing.” By this time, Vernon R.…