People v. Herena CA6

I. BACKGROUND

A. The Charges

In the operative information, the Santa Clara County District Attorney charged Cruz, Herena, and Lomeli jointly with the murder of Ayala and Rodriguez (§ 187, subd. (a); counts 1 & 2), assault with a semiautomatic firearm on Perez (§ 245, subd. (b); count 3), and three counts of participating in a criminal street gang (§ 186.22, subd. (a); counts 7, 8, & 9). Herena and Lomeli were separately charged with owning, purchasing, receiving, and possessing a firearm by a felon (§ 29800, subd. (a)(1); counts 4 (Herena) & 5 (Lomeli)). Cruz was separately charged with carrying a loaded firearm on his person or in a vehicle when he was not the registered owner. (§ 25850, subd. (a); count 6).) As to each count, it was alleged that all three defendants committed the offenses for the benefit of, at the direction of, and in association with a criminal street gang. (§ 186.22, subd. (b)(1).) As to counts 1 and 2, it was alleged that Herena and Cruz personally and intentionally discharged a semiautomatic firearm and proximately caused great bodily injury and death (§ 12022.53, subd. (d)), that Cruz and Lomeli were principals in the offenses charged and at least…