People v. Jaramillo CA2/2

BACKGROUND

2009 conviction In 2009, a jury convicted Jaramillo of the attempted murder of David Diaz (Diaz) and found the commission of the crime to be willful, deliberate, and premeditated. (§§ 664/187, subd. (a); count 1.) The jury found true the allegation that the crime was committed for the benefit of a gang and that a principal intentionally and personally discharged a firearm causing great bodily injury, within the meaning of section 12022.53, subdivisions (b) through (e)(1). Defendant was also convicted of carrying a loaded firearm not registered to him in a public place, under former section 12031, subdivision (a)(1) (count 2). Defendant was sentenced on count 1 to life in prison plus 25 years to life for firearm enhancements, and to a consecutive term of two years on count 2. The judgment was affirmed in People v. Jaramillo (May 31, 2011, B221863) [nonpub. opn.].

Relevant 2009 trial evidence Eyewitness testimony Jessi Hernandez and Manuel Sanchez both testified to the events they witnessed on June 8, 2009. Sanchez was driving and Hernandez

All further unattributed code sections are to the Penal Code unless otherwise stated.

2 was in the back seat with her young…