People v. Matias CA6

I. FACTS AND PROCEDURAL BACKGROUND3

A. Charges and Preliminary Hearing On March 26, 2010, the Monterey County District Attorney filed a complaint charging Matias with two counts of willful, deliberate, and premeditated attempted murder of “John Doe 1” and “John Doe 2” (§§ 664, subd. (a), 187 subd. (a); count 1 [John Doe 1] & count 2 [John Doe 2]), shooting at an occupied motor vehicle (§ 246; count 3), two counts of assault with a semiautomatic firearm (§ 245, subd. (b); counts 4 [John Doe 1] & 5 [John Doe 2]), possession of cocaine (Health & Saf. Code, § 11350, subd. (a); count 6), street terrorism (§ 186.22, subd. (a); count 7), and misdemeanor possession of marijuana (Health & Saf. Code, § 11357, subd. (b); count 8). The complaint alleged that all counts were committed on or about March 18, 2010. Additionally, the complaint alleged various enhancements for counts 1 through 5. For counts 1 and 2 (attempted murder) and 4 and 5 (assault with a semiautomatic firearm), the information alleged that Matias personally used a firearm (firearm enhancement) (§ 12022.5, subd. (a)), inflicted great bodily injury (great bodily injury or GBI enhancement) (§ 12022.7, subd. (a)) and committed…