P.

P. v. Escalona CA4/3

Good Law
Court of Appeal of CaliforniaJuly 22, 2013G046747California1,990 words

Opinion

Opinion

Moore, J.

FACTS

The issue raised by defendant does not require a full recitation of the facts. The following suffices. The district attorney filed an information in the Orange County Superior Court charging defendant, Andy Castellanos, Michael Torres, and Edgar Caudillo with the deliberate and premeditated attempted murder of Campos (Pen. Code,1 §§ 187, subd. (a), 664, subd. (a); count one), assault with a firearm (§ 245, subd. (a)(2); count two), use of force against a witness (§ 140, subd. (a); count three) and active participation in a criminal street gang (§ 186.22, subd. (a)). The information further alleged defendant personally discharged a firearm, causing great bodily injury (§ 12022.53, subd. (d)), personally used a firearm (§ 12022.5, subd. (a)), and personally inflicted great bodily injury (§ 12022.7, subd. (a)). It also alleged the remaining defendants vicariously discharged a firearm causing great bodily injury (§ 12022.53, subds. (d), (e)(1)) and were vicariously armed with a firearm (§ 12022, subd. (a)(1)). Additionally, as to each defendant, the information alleged counts one, two, and three were committed for the benefit of a criminal street gang (§ 186.22, subd.…

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