P. v. Laguna
In this drive-by shooting case, a jury convicted Jose Jesus Laguna of one count of first degree murder (count 1: Pen. Code,[1] 187, subd. (a); victim: David Velez), and two counts of attempted premeditated murder (counts 2 & 3: 187, subd. (a) & 664; victims: Nicholas Munoz and Michael Garcia, respectively). The jury found true allegations that during the commission of the Velez murder and the attempted murders of Munoz and Garcia, Laguna personally used a firearm ( 12022.53, subd. (b)) and personally and intentionally discharged a firearm ( 12022.53, subd. (c)). The jury also found true an allegation that during the commission of the murder, Laguna personally and intentionally discharged a firearm causing death ( 12022.53, subd. (d)). In addition, the jury found true an allegation that during the commission of the attempted murder of Munoz, Laguna personally and intentionally discharged a firearm causing great bodily injury ( 12022.53, subd. (d)). At the People's request, the court dismissed an allegation in all three counts that Laguna had a state prison prior within the meaning of section 667.5, subdivision (c).
The court sentenced Laguna to a determinate prison term of 20 years, plus an indeterminate term of 75 years to life, plus two life terms with the possibility of parole. Laguna appeals his convictions, contending the evidence is insufficient to establish beyond a reasonable doubt that he was the one who committed the shootings. We conclude the evidence is sufficient. Accordingly, Court affirm the judgment.
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