People v. Munoz CA2/3

BACKGROUND

In 2015, Munoz, a gang member, and his cousin shot at an occupied car containing rival gang members. A jury convicted Munoz of two counts of willful, deliberate, and premeditated attempted murder (§§ 664, 187, subd. (a); counts 1 & 2) and of shooting at an occupied vehicle (§ 246; count 3). As to all counts, the jury found true gun use allegations under section 12022.53, subdivisions (b) and (c) and principal gun use allegations under subdivisions (b), (c), (d) and (e)(1) of that

1 All further undesignated statutory references are to the Penal Code.

2 section. As to counts 1 and 2, the jury also found true gang allegations under section 186.22, subdivision (b)(1)(C). As to count 3, the jury found true a gang allegation under section 186.22, subdivision (b)(1)(C) and (b)(4). In 2017, the trial court sentenced Munoz to two life terms plus 50 years to life based on the gun and gang allegations (§§ 12022.53, subd. (d), 186.22, subd. (b)). In 2022, a different panel of this Division reversed the true findings on the gang allegations based on the passage of Assembly Bill No. 333, which significantly amended section 186.22. (People v. Munoz (May 31, 2022, B283921) [nonpub.…