People v. Nunez CA2/1

BACKGROUND

A. Trials and Direct Appeal A first amended information, filed October 13, 2012, charged Nunez and his codefendant Victor Guillen with one count of attempted willful, deliberate, and premeditated murder (§§ 664 & 187, subd. (a)), by means of assault with a deadly weapon (a “shank”), and one count of mayhem (§ 203).2 The amended information also alleged Nunez and Guillen personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)) and

1 Undesignated statutory references are to the Penal Code.

2 Under section 203, “Every person who unlawfully and

maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.”

2 committed the offenses for the benefit of a criminal street gang (§ 186, subd. (b)(1)(B) & (C)).3 An account of the factual circumstances of the incident underlying the charges is not necessary for our resolution of the legal question presented here. For context, we note that as stated in Nunez’s supplemental brief, and consistent with our prior opinion, the incident occurred while Nunez was…