Nuno

People v. Nuno

Good Law
Court of Appeal of CaliforniaOctober 17, 2024H051205California10,632 words

Opinion

Opinion

Danner, J.

I. FACTS AND PROCEDURAL BACKGROUND

A. Complaint and Preliminary Hearing In June 2010, the Monterey County District Attorney filed a complaint charging Nuno and two codefendants, Jesse Daniel Perez and Oscar Pineda Pina, with multiple counts of willful, deliberate, and premeditated attempted murder (§§ 664, subd. (a), 187 subd. (a); counts 1–11), assault with a semiautomatic firearm (§ 245, subd. (b); counts 12–22) and shooting at an inhabited dwelling (§ 246; counts 23–34), plus one count of active participation in a criminal street gang (§ 186.22, subd. (a); count 35).2 All the crimes allegedly occurred on or about May 27, 2010.3 In addition, the complaint included gang enhancement allegations against all three defendants (§ 186.22, subd. (b)(1)), several personal firearm-use enhancement allegations against Nuno and Perez (§ 12022.5, subd. (a)), and a prior strike allegation (§ 1170.12, subd. (c)(1)) and a prior prison term enhancement allegation (§ 667.5, former subd. (b)) against Nuno. In September 2010, the trial court held a joint preliminary hearing. The district attorney presented the testimony of four police officers, including King City Police Department Officers Abraham…

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