P. v. Lara CA4/2
In an information filed in March 2016, defendant and appellant David DeLeon Lara was charged with the murder of John Doe in 2011. (Pen. Code, § 187, subd. (a); count 1.) Defendant was only 16 years old at the time of the murder. It was further alleged that defendant personally discharged a firearm in the commission of the murder (§ 12022.53, subds. (d), (e)), and intentionally killed John Doe under the special circumstance of lying in wait (§ 190.2, subd. (a)(15)). Defendant was tried as an adult. In February 2019, a jury convicted defendant of first degree premeditated murder (§ 189, subd. (a)) and found the firearm and special circumstance allegations true.
Before the jury was empaneled, defendant waived his right to a jury trial on a gang allegation on the murder charge, and the court bifurcated the gang allegation to be heard at a later bench trial.
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