P. v. Gonzalez CA4/2
A jury concluded that defendant Moises Enrique Gonzalez was the shooter. It found him guilty of willful, deliberate, and premeditated attempted murder (Pen. Code, §§ 187, subd. (a), 664, subd. (a)), with an enhancement for personally and intentionally discharging a firearm (§ 12022.53, subd. (c)). He was sentenced to life in prison, with the possibility of parole, plus 20 years, along with the usual fines, fees, and ancillary orders.
Defendant contends:
(1) There was insufficient evidence that the attempted murder was deliberate and premeditated.
(2) The trial court erred by admitting photos found on Instagram, because they were not adequately authenticated.
(3) The trial court erred by allowing a police officer to testify about what the videos showed. As defense counsel did not object to this testimony, defendant also contends that the failure to object constituted ineffective assistance of counsel.
(4) The prosecutor committed misconduct in closing argument.
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