Orozco

Procedural History

By information appellants Enrique Sanchez Valenzuela and Juan Jose Orozco were charged with one count of murder (count 1), a violation of Penal Code section 187, subdivision (a); two counts (counts 2 and 3) of attempted willful, deliberate and premeditated murder, violations of sections 664 and 187, subdivision (a); and two counts (counts 4 and 5) of assault with a firearm, violations of section 245, subdivision (a)(2). Appellant Valenzuela was also charged with two counts (counts 6 and 7) of possession for sale of a controlled substance, heroin and cocaine respectively, violations of Health and Safety Code section 11351. In counts 1 through 5 appellant Orozco was alleged to have personally used a firearm in the commission of those offenses within the meaning of sections 1203.06, subdivision (a)(1) and 12022.5. It was also alleged in those same five counts that in the commission of those offenses a principal was armed with a firearm within the meaning of section 12022, subdivision (a).

Both appellants entered not guilty pleas, and denied all special allegations. Prior to trial, on motion of the People, count 7 was stricken from the information.…