People v. Franco CA6

I. FACTUAL AND PROCEDURAL BACKGROUND (CASE NO. H047195)

A. Procedural Background A grand jury first indicted defendants in 2012, but at trial the jury deadlocked on all counts charged against both defendants. In 2018, the prosecution filed a six-count consolidated indictment and information. The prosecution charged Chavez and Franco

1 Chavez raises additional claims, but because we conclude his convictions must be vacated, we do not reach those claims.

2 with three counts: count 1—attempted murder of Ricardo Padilla with premeditation (Pen. Code, §§ 187, 189, 664, subd. (a))2; count 2—murder of Raul Islas Lopez (§ 187); and count 3—attempted murder of Victor Razo with premeditation (§§ 187, 189, 664, subd. (a)). As to each count, the prosecution further alleged Chavez and Franco committed the offense for the benefit of, at the direction of, and in association with a criminal street gang. (§ 186.22, subd. (b)(5).) As to count 1, the prosecution alleged Franco personally used a deadly and dangerous weapon in the commission of the offense. (§ 12022, subd. (b)(1).) As to count 2, the prosecution alleged that Franco personally and intentionally discharged a firearm, causing the…