People v. Richmond CA2/2

BACKGROUND

Procedural history Defendants and Demaje Boswell (Boswell) were charged in a third amended information with the attempted second degree robbery of Norman Yueman Liu (Liu) in count 1, and Sylvestre Cardenas Martinez (Martinez) in count 2, in violation of Penal Code sections 664 and 211;2 and in count 3 with assault with a firearm in violation of section 245, subdivision (a)(2). As to counts 1 and 2 only, the information alleged that a principal personally used a firearm within the meaning of section 12022.53, subdivisions (b) and (e)(1). The information alleged that in the commission of all the crimes charged, a principal was armed with a firearm within the meaning of section 12022, subdivision (a)(1), and that Richmond personally used a firearm within the meaning of section 12022.5, subdivision (a). It was further alleged as to all three counts that the offenses were committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote, further, and assist in criminal conduct by gang members within the meaning of section 186.22, subdivision (b)(1)(B).

We refer to the appellants as Richmond and…