People v. Valenzuela CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Charges, plea, and sentencing On August 8, 2019, the Monterey County District Attorney filed a first amended information charging Valenzuela and a codefendant, Miguel Jimenez, with two counts of willful, deliberate, and premeditated attempted murder (§§ 664, 187, subd. (a); counts 1 and 2); two counts of assault with a

1 Unspecified statutory references are to the Penal Code. 2 Section 1170.95 has been amended and renumbered as section 1172.6. (Stats. 2022, ch. 58, § 10, eff. June 30, 2022; see also Stats. 2021, ch. 551, § 2, eff. Jan. 1, 2022.) We will henceforth refer only to section 1172.6. semi-automatic firearm (§ 245, subd. (b); counts 3 and 4); street terrorism (§ 186.22, subd. (a); count 5); and assault with a deadly weapon (§ 245, subd. (a)(1); count 6). The information further alleged gang enhancements (§ 186.22, subd. (b)(1)) in connection with counts 1, 2, 3, and 4. That same day, Valenzuela pleaded no contest to count 1, the attempted murder of John Doe (without premeditation), (§§ 187, subd. (a), 664) and admitted the special allegation that he committed that offense for the benefit of a criminal street gang (§ 186.22,…