Sek

FACTS AND PROCEEDINGS BELOW

In 2012, a jury convicted Sek of (counts 1 and 5) attempted murder (§§ 187, 664), (count 2) shooting at an occupied vehicle (§ 246), (count 3) assault with a semiautomatic firearm (§ 245, subd. (b)), and (count 4) being an accessory after the fact (§ 32). The jury found that Sek committed all these crimes for the benefit of a criminal street gang (§ 186.22, subd. (b)) and found that both counts of attempted murder were willful, deliberate, and premeditated (§ 664, subd. (a)), and that a principal discharged a firearm in committing the crimes (§ 12022.53, subds. (c) & (e)). As we explained in more detail in our prior opinion in this case (People v. Sek et al. (Apr. 17, 2015, B251196, B254949,

1 Unless otherwise specified, subsequent statutory references are to the Penal Code.

2 B254954) [nonpub. opn.]),2 Sek drove in pursuit of the victim, allowing his passenger, codefendant and fellow gang member Terry My, to fire several shots at the victim’s car. We reversed one count of attempted murder because the trial court erroneously instructed the jury on a “kill zone” theory, and we vacated the jury’s finding that the second count of attempted murder was…