People v. Quintero CA5

BACKGROUND

Charges The Kern County District Attorney charged Joel with the following crimes: Murder (Pen. Code,2 § 187, subd. (a); Count 1), assault with a semiautomatic firearm (against Rolando) (§ 245, subd. (b); Count 2), assault with a firearm (against Rolando) (§ 245, subd. (a)(2); Count 3), assault with a semiautomatic firearm (against Eraldo) (§ 245, subd. (b); Count 4), assault with a firearm (against Eraldo) (§ 245, subd. (a)(2); Count 5), unlawful firearm possession (§ 29800, subd. (a)(1); Count 10), and active gang

We refer to the parties by their first names for clarity and consistency with the record. All statutory references are to the Penal Code.

2. participation (§ 186.22, subd. (a); Count 11).3 The charges included numerous enhancements for prior convictions, gang-related crimes, gang-related special circumstance murder, and personal firearm use. The Kern County District Attorney charged Victor with the following crimes: Murder (§ 187, subd. (a); Count 1), assault with a semiautomatic firearm (against Rolando) (§ 245, subd. (b); Count 6), assault with a firearm (against Rolando) (§ 245, subd. (a)(2); Count 7), exhibiting a firearm (§ 417, subd. (a)(2);…