People v. Gayles CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

On the day he was released from prison for robbery, defendant, who is a gang member, twice shot an “affiliate” of a rival gang in a park located between the two gangs’ territories. The gunshots put the victim in the hospital for three months. Defendant told police that he shot the victim in self-defense because the victim was reaching for a gun in his waistband.

II. Procedural Background

A. Charges The People charged defendant with (1) attempted murder (Pen. Code §§ 187, 1 subd. (a) & 664), and (2) assault with a deadly weapon (§ 245, subd. (a)(2)). As to the attempted murder count, the People alleged that defendant intentionally discharged a firearm causing great bodily injury. (§ 12022.53, subds. (d) & (e)(1).) As to the assault with a deadly weapon, the People alleged that defendant personally used a firearm (§ 12022.5, subd. (a)) and personally inflicted great bodily injury (§ 12022.7, subd. (a)). The People also alleged that both crimes were committed for the benefit of, at the direction of, or in association with a criminal street gang. (§ 186.22, subd. (b)(1)(C).) The People further alleged that defendant’s 2009…