P. v. Gonzalez
Together with fellow Norteno gang member Jacob Robles, appellant Julian Gonzalez agreed to kill Felix Estrella at the request of a gang leader. Unfortunately, Gonzalez and Robles mistook John Hernandez as their quarry and killed him. A woman, Ashley Tyson, was shot in the abdomen and seriously wounded.
Gonzalez and Robles were charged with multiple crimes in connection with this gang-related shooting. Gonzalez was convicted after jury trial of murder (count 1; Pen. Code,[1] § 187, subd. (a)) and shooting at an inhabited dwelling (count 3; § 246). He was acquitted of attempting to murder Ashley Tyson (count 2). Gonzalez was sentenced on count 1 to life in prison without the possibility of parole plus two consecutive firearm enhancement terms of 25 years to life each pursuant to section 12022.53, subdivisions (d) and (e)(1). Robles subsequently pled guilty to all counts and was sentenced to life imprisonment. Both men were ordered to pay an $11,191 victim restitution fine.
Gonzalez challenges his sentence on four grounds. First, he claims the restriction set forth in section 12022.53, subdivision (e)(2) precludes imposition of a firearm enhancement on count 1. Second, Gonzalez argues that even if the court was authorized to add one firearm enhancement to his base term on count 1, imposition of a second firearm enhancement was barred under section 12022.53, subdivision (f). The first argument has no merit but the latter contention is convincing. Next, Gonzalez argues that he and Robles should be held jointly and severally liable for the victim restitution fine and that the trial court erred by retaining jurisdiction over future restitution claims. We agree that codefendants should be held jointly and severally liable for the restitution fine but uphold the reservation of jurisdiction. The judgment will be modified to strike one of the section 12022.53 enhancements and to amend the restitution order. As so modified, the judgment will be affirmed.
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