P. v. Esquivel CA2/7
The People charged Esquivel with two counts of attempted murder (§§ 187, subd. (a), 664) after he fired multiple shots into a crowd of people gathered outside a house, injuring Macias (count 1) and Carlos Juarez (count 2). In connection with both counts, the People alleged Esquivel personally used a firearm, personally and intentionally discharged a firearm, and personally and intentionally discharged a firearm causing great bodily injury (§ 12022.53, subds. (b)-(d)).
The jury convicted Esquivel on both counts, but found only the attempted murder of Macias was willful, deliberate, and premeditated (§ 664, subd. (a)). Additionally, for both counts the jury found true all the firearm allegations under section 12022.53, subdivisions (b) through (d).
For the attempted murder of Macias, the trial court sentenced Esquivel to life in prison, plus 25 years to life for the firearm enhancement under section 12022.53, subdivision (d).
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