People v. Coleman CA2/5

FACTS AND PROCEDURAL BACKGROUND

I. Prosecution

In October 2019, the People filed a felony complaint charging defendant with two counts of attempted premeditated murder committed on September 8, 2019 (§§ 187, 664); alleging that the crimes were committed for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)(C)); and alleging that defendant personally discharged a firearm causing great bodily injury as well as that a principal did so (§ 12022.53). In the operative, second amended felony complaint, the People additionally charged a count of attempted premeditated murder committed on October 18, 2019 (§§ 187,

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

2 664); charged two counts of being a felon in possession of a firearm (§ 29800, subd. (a)(1)), one committed on September 8, 2019, and the second committed on October 18, 2019; and alleged gang enhancements on all new counts and firearm enhancements on the new attempted murder count. In January 2021, defendant waived his right to a preliminary hearing, the People amended the operative complaint to delete the premeditation…