People v. Diaz CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural background On November 8, 2023, the Monterey County District Attorney filed an amended information charging Diaz with two counts of attempted murder (Pen. Code,1 §§ 187, subd. (a), 664; counts 1, 4); one count of assault with a semiautomatic firearm (§ 245, subd. (b); count 2); and one count of assault with a deadly weapon (§ 245, subd. (a)(1); count 3). The amended information further alleged that, as to counts 2, 3, and 4, Diaz personally used a firearm (§§ 12022.5, subd. (a), 12022.53, subd. (b)) and caused great bodily injury (§ 12022.7, subd. (a)). Diaz pleaded no contest to count 4 and admitted the associated firearm and great bodily injury enhancements in exchange for a state prison sentence of between 18 and 22 years. On January 31, 2024, the trial court sentenced Diaz to a total term of 20 years in state prison, consisting of the middle term of seven years on count 4 (§§ 187, subd. (a), 664), with an additional three years for the great bodily injury enhancement (§ 12022.7, subd. (a)) and 10 years for the firearm enhancement (§ 12022.53, subd. (b)). On the People’s motion, the trial court dismissed the remaining…