People v. Cortez CA2/8

INTRODUCTION

Defendant Norma Lilian Cortez was charged by amended information with premeditated murder (Pen. Code, § 187, subd. (a); count 1)1 and attempted premeditated murder (§§ 187, subd. (a), 664; count 2), along with codefendant Rodrigo Bernal. The amended information alleged that Bernal personally used a firearm, discharged a firearm, and discharged a firearm causing great bodily injury or death. (§ 12022.53, subds. (b)-(d); counts 1 & 2). As to both Cortez and Bernal, it also alleged that a principal personally used a firearm, discharged a firearm, and discharged a firearm causing great bodily injury or death. (§ 12022.53, subds. (b)-(e)(1); counts 1 & 2). In addition, the information included gang allegations (§ 186.22, subd. (b)(1)(C), (4)). The jury found both defendants guilty and found all special allegations to be true. The court sentenced each defendant to an aggregate term of 50 years to life. In May 2013, we unanimously affirmed Bernal’s convictions, but in a divided opinion, we reversed Cortez’s convictions. (People v. Cortez (May 30, 2013, B233833) (Cortez I) [nonpub. opn.].) Cortez I reversed her convictions based on three grounds: (1) prosecutorial misconduct…