People v. Sanchez CA4/2

BACKGROUND

In September 2023, after joint trial, a jury convicted defendant and his two

codefendants, Francisco Javier Vallejo and Salomon Frank Vallejo, of two counts of

attempted murder (§§ 187, 664, counts 1 & 2) and discharging a firearm from a motor

vehicle (former § 12034, subd. (c), count 3). Defendant was also convicted of being a

felon in possession of a firearm (§ 12021, subd. (a)(1), count 4). (People v. Vallejo et al.,

(June 13, 2005, E034555) [nonpub. opn.] (Vallejo).)

The jury also found true several other allegations, including (i) that, in connection

with the two counts of attempted murder, a principal personally and intentionally

discharged a firearm (§ 12022.53, subds. (c) & (e)(1)); (ii) that the defendants acted

willfully, deliberately, and with premeditation (§ 664, subd. (a)); and (iii) that the

defendants acted in concert because of the victims’ actual or perceived race (a “hate

crime”). (§ 422.75, subd. (c).) Defendant also admitted one prior serious or violent

felony conviction and a prior strike conviction.

We affirmed defendant’s conviction in his appeal from the judgment, but ordered

correction of his sentence and abstract of judgment. As…