People v. Delgado CA2/4

INTRODUCTION

Defendant and appellant Ivan Delgado pled no contest to attempted murder, and admitted the allegation that he personally used a firearm. The trial court sentenced him to 12 years in state prison. On appeal, Delgado contends the trial court abused its discretion by permitting the prosecution to file an amended information adding a charge of willful, deliberate, and premeditated attempted murder. He asserts there was insufficient evidence admitted at his preliminary hearing to support the new charge. We reject Delgado’s contention and affirm.

PROCEDURAL BACKGROUND

The Los Angeles County District Attorney filed an information charging Delgado with assault with a firearm (Pen. Code,1 § 245, subd. (a)(2); count one), possession of a firearm by a felon (§ 29800, subd. (a)(1); count two), and shooting at an unoccupied vehicle (§ 247, subd. (b); count three). The information further alleged Delgado committed counts one and two for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further or assist in criminal conduct by gang members. (§ 186.22, subd. (b)(1)(A) and (C).) With respect to count one, the…