Calderon

—Danny Calderon, Jr., became involved in a quarrel with Hiep Bui and another man near the handball courts at Memorial Park in Santa Ana. Calderon retrieved a shotgun from his car and shot at Bui four times. He missed Bui, but hit seven-year-old Felix Angel, who was playing five feet away. Angel suffered a broken arm and a skull fracture. Although he denied it, Calderon was suspected to be a member of a street gang and Bui a member of a rival gang. Calderon maintained he was drunk at the time and was intending only to scare Bui.

Pursuant to a plea bargain, Calderon pleaded guilty to two counts of attempted murder and two counts of assault with a deadly weapon, admitting allegations he personally used a firearm and inflicted great bodily injury on Angel. The indicated sentence was 12 years. In exchange for the plea, the prosecution dismissed allegations the attempted murders were willful, deliberate, and premeditated. (Pen. Code, § 189.)

On the same day his plea was accepted, Calderon waived probation and asked for immediate sentencing. He received the middle term of seven years on count I (the attempted murder of Angel), three years for the great bodily injury…