People v. Juarez CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Procedural History In May 2022, the Monterey County District Attorney filed a first amended information (information) charging Juarez and Solis with the willful, deliberate, and premeditated murder of Charles Jose (Pen. Code,1 § 187, subd. (a); count 1), two counts of shooting at an inhabited dwelling (§ 246; counts 2 & 3), and conspiracy to commit murder (§ 182, subd. (a)(1); count 4). Counts 1, 2, and 3 each included a gang enhancement allegation as to both Juarez and Solis (§ 186.22, subd. (b)(1)). Additionally, count 1 included two firearm enhancement allegations as to Solis (under §§ 12022.5, subd. (a) & 12022.53, subd. (c), respectively), a firearm enhancement allegation as to both Juarez and Solis (§ 12022.53, subd. (d)), and a firearm enhancement allegation as to an unnamed “principal” (§ 12022.53, subds. (b), (d), (e)).2 In June 2022, the jury found Juarez and Solis guilty of first degree murder (count 1), two counts of shooting at an occupied dwelling (counts 2 & 3), and conspiracy to commit murder (count 4). Further, the jury found true the allegation that Solis personally discharged a firearm (§ 12022.53, subd. (c)) but found not…