People v. Delgado CA2/4

BACKGROUND

At Delgado’s preliminary hearing, the victim of the attempted murder did not testify, but an investigating officer testified that he interviewed the victim, who informed him that Delgado asked him “where are you from,” then fired several gunshots at him, and one shot hit him in the arm.2 In 2019, after the preliminary hearing, Delgado pled no contest to the attempted murder charge. The trial court then convicted Delgado and sentenced him to 12 years in state prison.

All undesignated statutory references are to the Penal Code. The officer testified that “where are you from?” is a typical challenge issued by gang members before shooting at someone to place rival gang members or the general community in fear.

2 In 2023, Delgado filed a petition in the trial court under section 1172.6, seeking to vacate his attempted murder conviction on the ground it was based on the natural and probable consequences doctrine. (See § 1172.6, subd. (a).) When a defendant files a petition pursuant to section 1172.6, the trial court determines whether the petitioner has made a prima facie case for relief under section 1172.6, subdivision (c). If the court determines that such…