People v. Domingo CA2/5

I. INTRODUCTION

Defendant Sulieto Guitche Domingo appeals from the trial court’s order denying his motion to vacate his sentence pursuant to Penal Code section 1473.7.1 We affirm.

II. BACKGROUND

A. Defendant’s Conviction

On May 3, 2017, the District Attorney of Los Angeles County filed an information charging defendant with shooting at an occupied motor vehicle (§ 246; count 1) and two counts of assault with a semiautomatic firearm (§ 245, subd. (b); counts 2 and 3). As to count 1, the information alleged a principal personally used and personally and intentionally discharged a firearm causing great bodily injury and death (§ 12022.53, subds. (b)–(d) & (e)(1)) and the offense was committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote, further, and assist in criminal conduct by gang members (§ 186.22, subd. (b)(4)). As to counts 2 and 3, the information alleged the offenses were committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote, further, and assist in criminal conduct by gang members (§ 186.22, subd.…