People v. Lopez CA2/2

BACKGROUND

I. Preliminary Hearing

The following evidence was adduced at defendant’s preliminary hearing. On May 8, 2010, sometime between 1:00 a.m. and 2:00 a.m., Thomas Garcia (Garcia) was driving home from a bar with two passengers after a confrontation with defendant. An SUV pulled up alongside Garcia’s vehicle. Defendant was leaning out of the front passenger side of the SUV and pointing a gun. Defendant said something to the effect of “‘What’s up now, mother fuckers?’” and fired multiple shots into Garcia’s vehicle. One of the bullets struck Garcia in the stomach. He underwent surgery and remained hospitalized for nine days.

II. Charges

In an information filed by the Los Angeles County District Attorney’s Office after the preliminary hearing, defendant was charged with the attempted murder of Garcia (§§ 187, subd. (a), 664; count 1) and shooting at an occupied motor vehicle (§ 246; count 2). As subsequently amended by interlineation, the information alleged that, as to both counts, a principal personally

All further statutory references are to the Penal Code unless otherwise indicated. Effective June 30, 2022, former section 1170.95 was renumbered section 1172.6,…