People v. Noriega CA4/2

BACKGROUND

In November 2006 a jury convicted defendant of attempted murder (§§ 187,

subd. (a), 664; count 1), shooting at an occupied vehicle (§ 246; count 2), unlawful

possession of a firearm (§ 12021, subd. (a)(1); count 3), active participation in a criminal

street gang (§ 186.22, subd. (a); count 5), and burglary of a vehicle (§ 459; count 6).

(People v. Noriega (Oct. 16, 2008, E042520) [nonpub. opn.].) The jury found the

attempted murder was willful, deliberate, and premeditated (§ 1192.7, subd. (c)(8)), that

defendant personally discharged a firearm in committing the offense (§ 12022.53,

subd. (c)), and that defendant committed the offenses in counts 1, 2, and 3 for the benefit

of a criminal street gang (§ 186.22, subd. (b)). Defendant admitted prior conviction

allegations stemming from a prior conviction for active gang participation, including a

prior strike (§ 667, subds. (c) & (e)(1)), a prior serious felony (§ 667, subd. (a)), and a

prison prior (§ 667.5, subd. b). (Noriega, supra, E042520.)

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 The trial court sentenced defendant to an aggregate indeterminate term of 55…