Man convicted of attempted murder may get chance at lighter sentence

Nearly two years to the day after he was found guilty for a 2007 drive-by shooting in Arbuckle, a Williams man was back in a Colusa County courtroom Wednesday hoping for a new, lighter sentence.

Jose Kelly Munoz, 27, who was sentenced to 58 years to life for attempted murder, assault with a deadly weapon and shooting at a person from a vehicle, earned the chance at a new sentence on one of the charges by the state's Third District Court of Appeals.

District Attorney John Poyner said the appellate court tossed out Munoz's sentence of 25 years to life, attached to one of the charges as a special enhancement, due to the language used by Superior Court Judge S. William Abel during sentencing.

Poyner said that Abel stated during sentencing that he "had" to impose the 25 year to life sentence because of the special enhancement of gang activity.

"He didn't have to," Poyner said. "He could do whatever he wanted, but it was just a matter of words."

Poyner said Munoz is still facing 32 years to life on the other charges, and said winning the appeal on a special allegation sentence was just a technicality.

"It's ridiculous, but lawyers live and die by their words," Poyner said.

Abel came out of retirement on Wednesday to handle the re-sentencing, but postponed the matter until Munoz retains a private attorney.

Munoz is scheduled to appear Jan. 6 to set a date for a new sentence.

Following his 2007 trial, Munoz was convicted of shooting his cousin, Luis Lopez-Magana, then 20, on Gail Avenue in Arbuckle.

Lopez-Magana survived the shooting after undergoing surgery at the UC Davis Medical Center.

Jurors believed Munoz had intended to shoot the man standing next to Lopez-Magana, James Scott Dowden, then 22, of Arbuckle, in an attempted rival gang retaliation.

Munoz testified the incident was an accident, and said he had intended to show the gun to Dowden and Lopez-Magana, but that the rifle — which has never been recovered — somehow got tangled in the car door and was fired unintentionally.

The jury also agreed with the special allegation attached to the charges that Munoz had caused "great bodily harm," a legal finding which also imposed a possible life sentence.

Susan Meeker can be reached at 458-2121 or smeeker@tcnpress.com.