People v. Ortiz CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Procedural History In March 2015, the grand jury of Santa Clara County returned a 34-count indictment charging appellant Ortiz and 23 other individuals (case No. 214496). The indictment was subsequently amended, and, in December 2017, the Santa Clara County District Attorney filed a third amended indictment (hereafter indictment) against the same 24 people. That indictment alleged five crimes against Ortiz: Street terrorism (Pen. Code, § 186.22, subd. (a)1; count 1), attempted murder (§§ 187, 664, subd. (a); count 2), shooting at an occupied vehicle (§ 246); count 3), assault with a firearm (§ 245, subd. (a)(2); count 4), and conspiracy to sell methamphetamine (§ 182, subd. (a)(1); Health & Saf. Code, § 11379, subd. (a); count 12). The indictment further alleged that Ortiz committed the offenses charged in counts 2, 3, 4, and 12 for the benefit of a criminal street gang (§ 186.22, subd. (b)), and that, during the commission of the offense charged in count 2, Ortiz personally and intentionally discharged a firearm and proximately caused great bodily injury to the victim (§ 12022.53, subds. (b)–(d)). In May 2015, the Santa Clara County District…