P. v. Santana CA2/1
As Antonio V. put up Christmas decorations in front of his home with his two children, Hector Santana, a man Antonio did not know, approached him to ask for money for college. After Antonio gave Santana $5 from his pocket, Santana asked for a glass of water. As Antonio emerged from his home with the water, Santana held a gun. Fearful for his children, Antonio attempted to tackle Santana, and Santana shot Antonio. Antonio fell, and while he remained on the ground, kneeling, Santana shot at him again.
A jury convicted Santana of attempted murder (Pen. Code, §§ 187, subd. (a), 664), found true the allegation that the attempted murder was willful, deliberate, and premeditated (§ 664, subd. (a)), and found true three firearm enhancement allegations that Santana used a firearm, discharged a firearm, and discharged a firearm causing great bodily injury (§ 12022.53, subds. (b), (c), (d)).
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