People v. Tavares CA3

I. BACKGROUND

On November 14, 2021, J.A. was driving three family members on a frontage road alongside the freeway in Lodi when gunshots hit his side of his black Lexus. One bullet hit J.A.’s ankle. Another hit his neck. J.A. testified he was driving at least 35 miles per hour at the time he lost control of the Lexus. California Highway Patrol Sergeant James Sheeran testified that law enforcement closed the highway and found three 9-millimeter casings. Sergeant Sheeran reviewed surveillance footage and focused on two cars that appeared to conduct a transaction in the

2 The jury did not find that defendant acted with premeditation with respect to the attempted murders. 3 The court struck, pursuant to section 1385, the enhancement under section 667, subdivision (a) associated with counts 2, 5, and 6.

2 parking lot of a nearby casino before leaving at the time of the shooting. Sheeran testified the surveillance video showed a black Audi leaving the parking lot quickly and then a red Alfa Romero leaving just as quickly, as if it was trying to catch up to the Audi. B.H. was identified as owner of the Audi. The surveillance video was played for the jury and B.H. identified the…