People v. Gonzalez CA5

STATEMENT OF THE CASE

The Fresno County District Attorney filed a third amended information charging Gonzalez with attempted premeditated murder (§§ 664/187, subd. (a); count 1); three counts of shooting at an inhabited dwelling (§ 246; counts 2, 5, & 6); possession of a firearm by a felon (§ 29800, subd. (a)(1); count 7); carrying a concealed firearm in a vehicle (§ 25400, subd. (a)(1); count 8); carrying a loaded firearm in public (§ 25850, subd. (a); count 9); and street terrorism (§ 186.22, subd. (a); count 14). Counts 3, 4, 10, 11, 12, and 13 charged only Gonzalez’s codefendant, David Sanchez. As to counts 1 and 2, it was alleged Gonzalez and/or Sanchez personally and intentionally discharged a firearm which proximately caused great bodily injury or death. (§ 12022.53, subds. (d) & (e)(1).) As to counts 1, 7, 8, and 9, it was alleged the offense was committed for the benefit of, at the direction of, or in association with the criminal street gang, Eastside Fresno/Fifth Street Bulldogs, with the specific intent to promote, further, or assist in criminal conduct by gang members. (§ 186.22, subd. (b)(1).) As to counts 2, 5, and 6, it was alleged the offense was committed for…