People v. Elisarraraz CA4/3

FACTS

As the factual basis for his guilty plea in 2021, defendant stated: “In Orange County, California, on May 3, 2020, I unlawfully, with willfulness, premeditation and deliberation within the meaning of Penal Code section 664(a), and with the specific intent to kill, attempt[ed] to murder John Doe, a human being. I also willfully and unlawfully committed an assault, or aided and abetted in the assault, upon the person of John Doe with a deadly weapon, namely a knife.” In three other paragraphs, defendant stated he: (1) committed the attempted murder and assault with a deadly weapon “while knowingly and actively participating as a member in the criminal street gang known as Delhi”; (2) “willfully assisted, furthered, or promoted felonious criminal conduct by members of Delhi by either directly committing the felony offenses or aiding and abetting the felony offenses”; and (3) committed the offenses “for the benefit of, at the direction of, and in association with . . . Delhi with the specific intent to assist, further and promote criminal conduct by Delhi gang members.” In his petition for resentencing filed in 2022, defendant averred: “1. A complaint, information, or…