People v. Nunez CA2/1

BACKGROUND

1. Original charges and first trial Defendants initially were charged with attempted murder, with gang and great bodily injury allegations. Their second preliminary hearing was conducted on March 10, 2011. Testimony in defendants’ first trial began July 15, 2011, and concluded on July 22, 2011. The jury could not reach a verdict as to either defendant and the trial court declared a mistrial. Jurors then revealed they were split 10 to 2 in favor of acquitting Guillen and 9 to 3 in favor of acquitting Nunez. 2. Addition of mayhem charge and retrial On October 31, 2012, over defendants’ objection, the trial court allowed the prosecutor to add a charge of mayhem (Pen. Code, § 203) with gang and great bodily injury enhancement allegations. Jury selection in the retrial began on October 31, 2012. The court told prospective jurors the evidentiary portion of the trial was expected to last through November 9, 2012, the date the prosecutor had told the court she anticipated completing her case-in-chief. Presentation of evidence began November 6, 2012. Defendants began presenting their case on December 4, 2012. The jury returned guilty verdicts against both defendants and…