People v. Patino CA5

FACTS AND PROCEDURAL HISTORY

The district attorney filed an information charging Patino with six counts: (1) premeditated murder of Marcus Williams (Pen. Code, § 187, subd. (a));1 (2) attempted murder of Willie Lawrence King (§§ 187, subd. (a), 664); (3) active participation in a criminal street gang (§ 186.22, subd. (a)); (4) being a felon in possession of a firearm on June 18, 2011 (former § 12021, subd. (a)(1)); (5) possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)); and (6) being a felon in possession of a firearm on June 25, 2011 (former § 12021, subd. (a)(1)). In count 1, the information alleged that Patino committed the murder while he was an active member of a criminal street gang and committed it to further the activities of the gang (§ 190.2, subd. (a)(22)). In counts 1 and 2, the information alleged that Patino committed the crimes to promote, further, or assist in criminal conduct by gang members (§ 186.22, subd. (b)(1)) and that he

1Subsequent statutory references are to the Penal Code unless otherwise noted.

2. discharged a firearm resulting in great bodily injury or death (§ 12022.53, subd. (d)). In counts 1 through 3, the information alleged…