People v. Aguillon-Palermo CA6

I. BACKGROUND

A. The Operative Information In December 2022, the Monterey County District Attorney charged Aguillon-Palermo by a third amended information with conspiracy to commit murder (§ 182, subd. (a)(1); count 1), two counts of attempted murder (§§ 664, 187, subd. (a); counts 2 & 3), two counts of assault with a semiautomatic firearm (§ 245, subd. (b); counts 4 & 5), shooting at an occupied motor vehicle (§ 246; count 6), and active participation in a criminal street gang (§ 186.22, subd. (a); count 7). As to all counts, it was alleged that Aguillon-Palermo committed the offenses for the benefit of, at the direction of, or in association with the Norteño criminal street gang (§ 186.22, subd. (b)(1)). As to counts 2 and 3, it was alleged that a principal personally and intentionally discharged a firearm, a handgun, which proximately caused great bodily injury (§ 12022.53, subds. (d) & (e)(1)). As to counts 2 through 6, it was alleged that Aguillon-Palermo personally inflicted great bodily injury (§ 12022.7, subd. (a)). And as to counts 4 and 5, it was alleged that Aguillon-Palermo personally used a firearm (§ 12022.5, subd. (a)). B. The Trial The prosecution…