People v. Molina CA2/8

BACKGROUND

On January 26, 2005, the People filed an Information charging defendant Michael Ivan Molina and co-defendants Bryan Bastidas and Theodore Johnson with one count of murder in violation of section 187, subdivision (a), and three counts of attempted willful, deliberate, and premeditated murder in violation of sections 664 and 187, subdivision (a). It was also alleged that a principal personally and intentionally discharged a firearm which proximately caused great bodily injury or death pursuant to section 12022.53, subdivisions (d) and (e)(1). Other firearm and gang enhancements were also alleged as to all counts. Molina was tried alone and the jury found him guilty on all counts. The jury also found true that Molina personally and intentionally discharged a firearm, a handgun, which caused the death of the victim, and that he personally and intentionally discharged a firearm, a handgun, in connection with the three counts of attempted murder. On July 8, 2008, the trial court sentenced Molina to an aggregate term of 50 years to life in prison plus 75 years to life in prison. On or about March 9, 2022, Molina filed a petition for resentencing pursuant to section 1172.6. He…