P. v. Gonzalez CA2/1
Defendant, Jovanny Gonzalez, a member of the Midtown Criminals, and his fellow gang member shot and killed a rival gang member, Armando Reyes. (People v. Gonzalez (Apr. 10, 2020, B296206) [nonpub. opn.] (Gonzalez) at pp. 3, 6.) In a tape-recorded conversation with an informant, Gonzalez said, “ ‘[W]e smoked him’ ” and confirmed Gonzalez himself was the shooter. (Id. at p. 9.) Gonzalez indicated he did not shoot Reyes’s girlfriend, who was at the scene, because his “ ‘bullets were empty.’ ” (Ibid.)
This is defendant’s second appeal. In the first appeal, we reversed the conviction for the attempted murder of Reyes’s girlfriend. We affirmed Gonzalez’s numerous other convictions, including the conviction for the first degree murder of Reyes. Following remand, the People elected not to retry defendant on the second degree murder charge, and the trial court resentenced defendant.
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