Juarez

FACTS

In June 2011, the People filed their initial complaint against defendants Gerardo Juarez and Emmanuel Juarez, alleging, among other things, two counts of 2 attempted murder against each defendant. In November 2011, the court held a preliminary hearing that disclosed the following evidence. This case arises from an incident in which defendant Emmanuel fought with victim John Doe. Prior to the fight, Emmanuel handed a gun to defendant Gerardo. During the fight, Gerardo handed the gun back to Emmanuel. Emmanuel then shot John

1 All statutory references are to the Penal Code unless otherwise stated. 2 Because the defendants share the same last name, we refer to them by first name to avoid confusion.

2 Doe. John Doe’s companion, Jane Doe, attempted to flee, but defendants caught up with her and Gerardo shot her in the thigh. After defendants were held to answer, the People filed an information alleging two counts of attempted murder (§§ 664, subd. (a), 187, subd. (a).) against both defendants, and one count of possession of a firearm by a felon (§ 12021, subd. (a)(1)) against Gerardo. Nearly eight months later, in June of 2012, the People filed an amended information that…