Gonzalez

I.

FACTUAL AND PROCEDURAL BACKGROUND

The issues presented in this appeal do not require a repetition of the factual detail set forth in our first opinion, and we accordingly present a truncated discussion. A jury found that Gonzalez shot and killed a man in April 2014 by personally using a firearm. Specifically, the conviction was for first degree murder (§ 187, subd. (a)), with the additional finding that Gonzalez personally and intentionally discharged a firearm in the course of committing the murder (§ 12022.53, subd. (d).) The trial court subsequently made a true finding regarding Gonzalez’s prior serious felony conviction and prior strike (§§ 667, subds. (a), (c), (e)(1), 1170.12, subd. (c)(1)), which was based on Gonzalez's juvenile adjudication for robbery involving personal use of a

(People v. Lopez (Feb. 21, 2018, D072636) [nonpub. opn.]; People v. Gonzalez (May 1, 2019, D074726) [nonpub. opn.].) On October 9, 2023, we granted Gonzalez’s request to take judicial notice of our prior opinions. All subsequent statutory references are to the Penal Code unless otherwise noted. 2 firearm (§§ 211, 12022.53, subd. (b)). The trial court denied Gonzalez’s motion…