People v. Pina CA6

I. BACKGROUND

A. Pina’s Convictions

The Santa Clara County District Attorney charged Pina and codefendant Anthony Escamilla with murder (§ 187; count 1), active participation in a criminal street gang (§ 186.22, subd. (a); count 2), and conspiracy to commit murder (§ 182, subd. (a)(1); count 3). As to count 1, it was alleged that a principal in the offense personally and intentionally discharged a firearm (§ 12022.53, subds. (d) & (e)(1)), and to both counts 1 and 3, it was alleged that Pina and Escamilla committed the crimes for the benefit of a criminal street gang (§ 186.22, subd. (b)(5)). In January 2018, Escamilla agreed to cooperate with the prosecution and pleaded guilty to first degree murder, admitting the gang enhancement and firearm enhancement, and conspiracy to commit murder. In return, he was sentenced to an indeterminate term of 50 years to life. That same month, Pina proceeded to trial. The jury acquitted Pina of conspiracy to commit murder (count 3) and first degree murder (count 1) but could not reach a verdict on the lesser included offense of second degree murder or on the substantive gang offense (count 2). The trial court declared a mistrial as to…