People v. Batalla CA4/3

FACTS

I.

CHARGES

In an amended information, the Orange County District Attorney charged Batalla and Padilla with one count of premeditated attempted murder (§§ 664, 187, subd. (a); count 1) and one count of street terrorism (§ 186.22, subd. (a); count 2). The information alleged Batalla and Padilla committed the attempted murder for the benefit of Colonia Juarez, a criminal street gang (§ 186.22, subd. (b)(1)), and that Batalla and Padilla vicariously discharged a firearm during the commission of the attempted murder which caused great bodily injury and was done to benefit Colonia Juarez, a criminal street gang (§ 12022.53, subds. (d) & (e)(1)). The information also alleged Padilla was a principal who was vicariously armed with a firearm and who knew another principal was personally armed with a firearm. (§ 12022, subd. (a)(1).) Following testimony at the jury trial, the information was amended to add the same allegation against Batalla. (§ 12022, subd. (a)(1).)

II.

EVIDENCE FROM THE JURY TRIAL

Batalla and Padilla were active members of the criminal street gang Colonia Juarez. Colonia Juarez and Orange County Mafia, another criminal street gang, were rivals. The two gangs…