Ochoa

—A jury found appellant Brayan Ochoa guilty of premeditated and deliberate attempted murder (count 1) and attempted extortion (count 2). Appellant argues that the evidence was insufficient to establish that he committed attempted extortion against the only victim identified in the information, and, in the alternative, that under Penal Code section 654, the court erred in imposing consecutive sentences on the attempted extortion and attempted murder convictions. We reverse the judgment of conviction on count 2 and affirm the judgment in all other respects.

FACTUAL AND PROCEDURAL BACKGROUND

In the summer of 2013, Mendeleyevic Martinez Santiago and Gabino Martinez worked at a food truck parked on a street in Hollywood. Santiago worked inside the truck while Martinez worked outside the truck, operating a grill and broiler.

At around 3:00 a.m. on July 6, 2013, while Santiago helped customers, appellant and a companion approached the food truck and knocked on the back door. When Santiago opened a small window in the door, appellant told Santiago that the food truck “belonged” to the Mara Salvatrucha street gang and that he was there to collect the “rent” from the truck owed…