People v. Sanchez CA2/2

BACKGROUND

I. Conviction and Sentencing

In 2008, a jury found defendant guilty of three counts of attempted murder (§§ 664, 187, subd. (a); counts 1–3), one count of shooting at an inhabited dwelling (§ 246; count 4), and three counts of assault with a semiautomatic firearm (§ 245, subd. (b); counts 5–7). As to all counts, the jury found true the allegation that defendant committed the offenses for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)). As to counts 1 through 3, the jury found that defendant committed the attempted murders willfully, deliberately, and with premeditation within the meaning of section 664, subdivision (a); that a principal used a firearm within the meaning of section 12022.53, subdivisions (b), (c), and (e)(1); and that defendant personally used a firearm within the meaning of section 12022.53, subdivisions (b) and (c). In

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

2 connection with counts 5 through 7, the jury found true the allegation that defendant personally used a firearm within the meaning of section 12022.5, subdivision (a). The trial court…