People v. Brewer CA5

INTRODUCTION

Defendant Robert Craig Brewer fired a firearm multiple times into a vehicle occupied by two adults and a two-year-old child. A bullet also entered a separate vehicle being driven in the area. A jury found defendant guilty of three counts of willful, deliberate, and premeditated attempted murder (Pen. Code,1 §§ 187, subd. (a), 664; counts 1-3), two counts of shooting at an occupied vehicle (§ 246; counts 4 & 5), being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 6), and unlawful possession of ammunition (§ 30305, subd. (a)(1); count 7). On counts 1 through 5, the jury also found firearm enhancements to be true (§ 12022.53, subd. (c)).2 Defendant admitted two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). Gang allegations to counts 6 and 7 were dismissed on motion by the People and, in a bifurcated trial, the jury found gang allegations to counts 1 through 5 to be not proven. The court sentenced defendant to an aggregate term of 166 years to life, as follows: On each of counts 1 through 3, the court sentenced defendant to consecutive terms of 27 years to life, plus 20 years for the firearm enhancements. The court…