People v. Moran-Ortiz CA2/7

background purposes only.

2 The officers arrested Moran-Ortiz, who, after being advised of his Miranda rights,3 admitted that he was a member of the Mexican Klan criminal street gang. He also admitted that on the evening of the incident he was driving when he saw three to five members of a rival gang, some of whom had shot at him two nights earlier. Moran-Ortiz picked up the other individual known as “Wolfey,” who had a gun. Moran-Ortiz and Wolfey got out of the car and walked toward one of the rival gang members. Wolfey shot at the man, then handed his gun to Moran-Ortiz, who shot at the man but missed. On May 13, 2009 Moran-Ortiz was charged by information with three counts of attempted willful, deliberate and premediated murder (§§ 187, subd. (a), 664; counts 1, 3 and 5); two counts of assault with a firearm upon a peace officer (§ 245, subd. (d)(1); counts 2 and 4); and one count of assault with a firearm (§ 245, subd. (a)(2); count 6.) The information alleged gang enhancements (§ 186.22, subd. (b)(1)(C)) as to all counts, and firearm enhancements (§§ 12022.5, subds. (a) & (d), 12022.53, subd. (c)) as to counts 1, 3, 5 and 6. On October 4, 2010 the trial court granted the…