P. v. Ortiz
Following a joint trial, a jury found Anthony Mark Ortiz and Brandon Jamaal OGuynn (hereafter referred to jointly as defendants, and referred to individually by last name) guilty of first degree murder in the shooting death of Leydeer Molina. With respect to defendant Ortiz, the jury further found true the special allegation under Penal Code section 12022.53, subdivision (d), that in the commission of the crime, defendant Ortiz personally and intentionally discharged a firearm which proximately caused great bodily injury and death. Based on the jurys verdicts and true finding, the trial court sentenced each defendant to a term of 25 years to life in state prison on the first degree murder conviction and sentenced defendant Ortiz to the additional mandatory consecutive term of 25 years to life in prison on the section 12022.53, personal gun use enhancement.
Each defendant raises various claims of error on appeal, the details of which Court recount below, in our discussion of those claims. Court agree with defendant OGuynns assertion that the evidence is insufficient to support the jurys verdict finding him guilty of first degree murder. Therefore, Court reverse his conviction on that charge. Court conclude that defendant Ortizs claims are meritless, and affirm his conviction.
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