People v. McDaniels CA2/1

BACKGROUND

1. Information and Conviction In May 2020, the People charged McDaniels and three codefendants with the murder of Miguel Sanchez. The People further alleged a firearm enhancement within the meaning of section 12022.53, subdivisions (b), (c), (d), and (e)(1). The People also charged McDaniels and his confederates of the attempted murder of Salvador Velasquez and alleged a firearm enhancement within the meaning of section 12022.53, subdivisions (b) and (e)(1). With respect to both counts, the

Undesignated 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.)

2 People alleged a gang enhancement under section 186.22. The People charged McDaniels with possession of a firearm by a felon and, in connection with that count, listed four prior felony convictions. As explained below, McDaniels was tried twice on the murder and attempted murder charges. In our prior opinion following McDaniels’s second jury trial (People v. McDaniels et al. (Mar. 9, 2015, B250574) [nonpub. opn.] (McDaniels I), we described the facts, which we now summarize. There…