People v. Pedraza CA4/3

FACTS

In July 2017, a member of a rival gang referred to Pedraza’s gang in disparaging manner. The evidence at trial reflected that about 30 minutes later Pedraza returned with other members of his gang; he then shot the rival gang member, who died. Pedraza was convicted of first degree murder, and the jury found true that (1) he intentionally killed the victim while he was an active participant in a criminal street gang and committed the murder to further the criminal activities of that gang (§ 190.2, subd. (a)(22); i.e., the gang-murder enhancement); (2) he committed his offense for the benefit of, at the direction of, and in association with, a criminal street gang and with the specific intent to promote, further, and assist in criminal conduct by members of that gang (§ 186.22, subd. (b)(4); i.e., the gang-murder special circumstance enhancement); (3) he personally discharged a firearm causing death (§ 12022.53, subd. (d)); and (4) he vicariously discharged a firearm causing death (§ 12022.53, subds. (d) & (e)(1)).

3 In January 2020, the trial court sentenced Pedraza to life without the possibility of parole for the murder with the gang-murder special circumstance and…