People v. Capla CA2/2

BACKGROUND

Defendant and two codefendants, Ronald Diaz (Diaz) and Melissa Sanchez (Sanchez), were charged in a first amended information with two counts of attempted murder in violation of Penal Code sections 187 and 664 (counts 1 and 2).1 The amended information alleged as to both counts that the attempted murders were committed willfully, deliberately, and with premeditation within the meaning of section 664, subdivision (a), and for the benefit of, at the direction of, or in association with a criminal street gang within the meaning of section 186.22, subdivision (b)(4). It was further alleged, pursuant to Penal Code section 12022.53, subdivisions (c), (d), and (e)(1), that in the commission of the offenses, defendant and a principal personally and intentionally discharged a firearm, and that defendant personally and intentionally discharged a firearm causing great bodily injury to Juan Gallardo (Gallardo). Defendant and Diaz were tried together by separate juries, and Sanchez’s matter was settled prior to trial with a plea agreement. Defendant was convicted of both counts as charged and the special allegations were found true. The trial court sentenced defendant to a total…