P. v. Gonzalez CA4/3
This case concerns three separate gang drive-by shootings that took place in San Jose in 2012 and 2013. Based on his involvement, a jury convicted Balam Eugenio Gonzalez of the first degree murders of Pedro Cortez and Armando Heredia (Pen. Code, §§ 187, 189) and the attempted premeditated murder of Brian Joya (§§ 187, 189, 664). The jury found true multiple firearm enhancements (§§ 12022.53, subds. (d), (e)(1), (g)), gang enhancements (§ 186.22, subd. (b)(1)(C), (5)), and special circumstances (§ 190.2, subd. (a)(3), (21), (22)). The trial court imposed sentences of life without the possibility of parole for the two murders, a consecutive life term for the attempted premeditated murder, plus 80 years to life for the firearm enhancements and a prior serious felony enhancement.
On appeal, Gonzalez contends: (1) the trial court erred by failing to declare a mistrial after witness Ramon Lomeli testified Gonzalez was involved in an uncharged shooting;
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