People v. Baker CA5

BACKGROUND

In 2014, defendant was convicted of second degree murder (§ 187, subd. (a) [count 1]) and gang conspiracy (§ 182.5 [count 2]). With respect to count 1, the jury found true the allegations he committed the offense for the benefit of, at the direction of, or in association with a gang (§ 186.22, subd. (b)) and a principal personally and intentionally discharged a firearm and proximately caused the victim’s death (§ 12022.53, subds. (d), (e)(1)). With respect to counts 1 and 2, the jury found not true the allegation defendant personally and intentionally discharged a firearm and proximately caused the victim’s death (§ 12022.53, subd. (d)). The trial court imposed an aggregate sentence of 40 years to life: 15 years to life on count 1 plus 25 years to life for the firearm enhancement. The court stayed execution of the gang enhancement on count 1 and punishment on count 2.

1 Unless otherwise indicated, subsequent statutory citations refer to the Penal Code. 2 On April 13, 2018, we conditionally reversed the judgment and remanded the case to the trial court with instructions to conduct a juvenile transfer hearing. (People v. Baker (Apr. 13, 2018, F071120) [nonpub. opn.].)…