People v. Maldonado CA2/1

BACKGROUND

Maldonado, a member of the Pacoima Project Boys, attempted to kill Adam Smith, a member of the Pacoima 13 street gang, and Smith’s girlfriend. (People v. Maldonado (Jan. 22, 2007, B18992) [nonpub. opn.] (Maldonado I).) A jury convicted Maldonado of two counts of attempted first degree murder and two counts of being a felon in possession of a firearm. (People v. Maldonado (July 30, 2019, B292272) [nonpub. opn.]

All statutory citations are to the Penal Code. 2 Senate Bill No. 775 (2021–2022 Reg. Sess.) effective January 1, 2022, amended section 1170.95 by Statutes 2021, chapter 551, section 2 (Senate Bill No. 775).

2 (Maldonado II).) The jury found that the attempted murders were committed willfully, deliberately, and with premeditation, and that a principal personally and intentionally used and discharged a firearm within the meaning of section 12022.53, subdivisions (b), (c), and (e)(1). (Ibid.) The jury also found that Maldonado committed his crimes for the benefit of a criminal street gang. (Ibid.) Maldonado admitted a prior serious or violent felony conviction and a prior conviction within the meaning of section 667.5, subdivision (b). (Ibid.) Following…