People v. Lepe

Opinion

HOLLENHORST, Acting P. J.

Defendant Henry Jimenez Lepe was convicted of one count of first degree murder, in violation of Penal Code section 187, subdivision (a). The jury found a personal use of a firearm allegation to be true. The trial court sentenced defendant to a term of 29 years to life in state prison. He appeals.

Facts

On June 13, 1995, between 6:30 and 6:45 p.m., Gabriel Mercado and Danny Gonzales were walking along Archibald Avenue in Ontario. Gabriel Mercado testified at the preliminary hearing that defendant, an acquaintance of theirs, came up behind him, walked up to Danny…