People v. Derosas CA4/3

FACTS AND PROCEDURAL HISTORY

Derosas was charged with (1) attempted murder (former § 187, subd. (a) & § 664, subd. (b)); (2) assault with a firearm (§ 245, subd. (b)); (3) possession of a firearm by a felon (former § 12021, subd. (a)(1)); (4) possession of a firearm by a probationer (former § 12021, subd. (d)(1)); and (5) street terrorism (former § 186.22, subd. (a)). A jury found him guilty of assault with a deadly weapon, possession of a firearm by a probationer, and street terrorism. The jury was unable to reach a verdict on the attempted murder charge, so the court granted Derosas’s motion for a mistrial. The prosecution elected to retry Derosas on the attempted murder count. Before the retrial, Derosas pleaded guilty to attempted murder and admitted a related gang enhancement (former § 186.22, subd. (b)(1)). His plea states, “In Orange County, California, on October 13, 2011, I intended to kill and attempted to kill [the victim] by shooting him and I did so for the benefit of Pearl Street, a criminal street gang, intending to promote, further,

1 All further undesignated statutory references are to the Penal

Code.

2 and assist in criminal conduct by members of that gang.”…