Vizcarra

INTRODUCTION

Defendant Juan Jose Vizcarra challenges the sentence imposed on him following his prior appeal. In this gang-related and procedurally complicated stabbing case — which returns to this court following a nonpublished opinion in Vizcarra’s prior appeal in People v. Vizcarra (May 22, 2013, D061878) (Vizcarra I) and the resulting remand to the trial court with directions to conduct a limited resentencing — a jury convicted Vizcarra, who was a member of the Chicali Brazas (Chicali) criminal street gang in Brawley, of two felonies: (1) assaulting Jesus Zermeno with a deadly weapon, a knife (count 2; Pen. Code, § 245, subd. (a)(1)) (undesignated statutory references will be to the Penal Code) and (2) attempting to dissuade a witness, Zermeno (count 3; § 136.1, subd. (a)(2); hereafter section 136.1(a)(2)). The jury found Vizcarra not guilty of attempting to willfully, deliberately, and with premeditation murder Zermeno (§§ 187, subd. (a), 664) as charged in count 1.

In addition, the jury found to be true a count 2 allegation that Vizcarra committed the assault with a deadly weapon for the benefit of, at the direction of, or in association with a criminal street gang…