People v. Picasso CA5

BACKGROUND

Defendant Ricardo Oracio Picasso was charged with the murder of Eric Reyes (count 1; § 187, subd. (a)), the attempted murder of Juan Arredondo (count 2; §§ 664, 187, subd. (a)), shooting at an inhabited dwelling (count 3; § 246), and possessing a firearm (count 4; § 12021, subd. (a)(1).) The information alleged defendant had suffered a prior serious felony under section 667, subdivision (a). The information alleged the same prior conviction also constituted a serious violent felony under sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i). The information also alleged that, as to counts 1, 2, and 3, a principal had personally and intentionally discharged a firearm causing great bodily injury and death (§ 12022.53, subds. (d) & (e)(1)), and that defendant personally used (§ 12022.53, subd. (b)) and discharged (§ 12022.53, subd. (c)) a firearm. As to counts 1 and 2, it was alleged defendant personally used a firearm under section 12022.5, subdivision (a). The information also alleged each count was committed for the benefit of, at the direction of, or in association with a criminal street gang. (§ 186.22, subd. (b).) Finally, the…