People v. Partida CA2/2

BACKGROUND

An amended information charged defendant with the following crimes: count 1, the murder of Plutarco Salguero Soriano (Soriano), in violation of Penal Code, section 187, subdivision (a);1 count 2, the attempted willful, deliberate, and premeditated murder of Carlos Delgado (Delgado) (§§ 664, 187, subd. (a)); count 3, possession of a firearm by a felon (§ 12021, subd. (a)(1)); and counts 4 and 5, attempted first degree residential robbery (§§ 664, 211). As to all five counts, the amended information alleged that defendant had suffered three prior convictions for which he served prison terms within the meaning of section 667.5, subdivision (b). As to counts 1, 2, 4, and 5, the information alleged that defendant personally and intentionally used and discharged a firearm, causing great bodily injury and death to the victims within the meaning of section 12022.53, subdivisions (b) through (d). In addition the amended information alleged that the murder was committed by defendant while he was engaged in the commission of the crimes of robbery and burglary, within the meaning of section 190.2, subdivision (a)(17).

All further statutory references are to the Penal Code…