People v. Geronimo CA2/8

BACKGROUND

On August 23, 2016, the People charged defendant Abraham Geronimo by amended information with one count of attempted willful, deliberate, and premeditated murder in violation of sections 664 and 187, subdivision (a) and one count of assault with a firearm in violation of section 245, subdivision (a)(2). As to the attempted murder count, it was alleged that a principal personally and intentionally used and discharged a firearm causing great bodily injury pursuant to section 12022.53, subdivisions (b), (c), (d) and (e)(1). It was also alleged both offenses were committed for the benefit of a criminal street gang. (§ 186.22(b)(1)(C).) A jury found Geronimo guilty of both charges and found the enhancement allegations true. The trial court sentenced Geronimo to 25 years to life with the possibility of parole. For context only, we recite the facts of the case from our opinion affirming Geronimo’s conviction. Geronimo and Julio R. were spraying paint over rival gang graffiti on a garage door near the victim’s house. The victim went outside to move his car and Julio told him, “Don’t mess with me.” (People v. Geronimo (Dec. 12, 2017, B277467) [nonpub. opn.].) Geronimo seemed to…