People v. Pamphile CA2/2

BACKGROUND

While two members of street gangs got into a fistfight outside of a bar in Lancaster, California, defendant walked up to another onlooker, pulled out a gun, and shot him in the back of the head. Defendant was convicted by jury of first degree murder (§ 187, subd. (a)). The jury also found true the allegations that defendant personally discharged a firearm causing death (§ 12022.53, subd. (d)), and that the crime was committed for the

2 Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10). For the sake of simplicity, we will refer to the section by its new numbering only.

3 We granted defendant’s request to take judicial notice of this court’s unpublished decision in defendant’s direct appeal from his conviction (People v. Pamphile (Dec. 22, 2014, B248604) [nonpub. opn.]).

2 benefit of a criminal street gang (§ 186.22, subd. (b)(4)). Defendant admitted he had previously suffered a prior serious or violent felony, or “strike” (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). The trial court sentenced defendant to a state prison term of 90 years to life, comprised of 50 years to life for…