People v. Mosqueda CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In September 2008, defendant ransacked and defaced his ex-wife’s home, damaging furniture and pouring gasoline throughout the home. When his ex-wife came home, he hit her with a rifle and tried to drag her inside. Neighbors tried to intervene, but he threatened to shoot and kill them. Defendant later told law enforcement officers he originally planned to kill his ex-wife but then decided he wanted to kill himself in front of her. In 2010, after a court trial, defendant was found guilty of attempted murder (§§ 664, 187, subd. (a)), residential burglary (§ 459), assault with a firearm (§ 245, subd. (a)(2)), domestic violence (§ 273.5, subd. (a)), vehicle theft (§ 10851, subd. (a)), two counts of preventing or dissuading a witness (§ 136.1, subd. (c)(1)), nine firearm enhancements (§§ 12022, subd. (a)(1), 12022.53, subd. (b), 12022.5, subd. (a)(1), 12022.7, subd.(e)), and a vulnerable victim enhancement (§ 667.9, subd. (a)). The trial court sentenced defendant to a determinate term of 34 years, plus an indeterminate term of life with the possibility of parole. The court did not mention it considered defendant’s military service at…