People v. Melendez CA2/3

FACTS AND PROCEDURAL BACKGROUND

1. The charges, plea agreement, and sentence In 2004 the People charged Melendez with the willful, deliberate, premeditated attempted murder of Adam Duran. The People alleged Melendez personally and intentionally discharged a firearm under section 12022.53, subdivision (c) and that he committed the crime for the benefit of, in association with, or at the direction of a criminal street gang. The People also charged Melendez with dissuading three witnesses by force or threat. At a preliminary hearing in October 2004, Adam Duran testified he was in Fresno Park on the afternoon of July 21, 2004, playing dominoes with his aunt and uncle. Duran exchanged words with two people who were in the bathroom and then he “fought” with them. One of the two people was Melendez. After the fight, Duran looked away, then looked back and saw Melendez pointing a shiny object at him. Duran kind of jumped and started “walking really slowly back.” Melendez told Duran to get the fuck out. Duran walked up the hill to where his aunt and uncle were. He told them what happened and they scolded him. Duran’s aunt and uncle went up the block and Duran ran through an alley to…