People v. Reyes CA4/3

FACTS

Defendant was an active member of a criminal street gang. Defendant shot at a security guard with the intent to kill. In response, the security guard fired back, killing defendant’s friend.

STATEMENT OF THE CASE

In July 2006, defendant was charged by information with three counts. In count 1, he was charged with attempted murder of the security guard. (§§ 187, subd. (a); 664, subd. (a).) In count 2, he was charged with murder of his friend. (§ 187, subd. (a).) In count 3, he was charged with active participation in a criminal street gang (i.e. street terrorism). (§ 186.22, subd. (a).) As to counts 1 and 2, it was alleged that defendant was acting for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1)(C).) As to count 1, it was further alleged that defendant personally discharged a firearm. (§ 12022.53,

2 At the prima facie stage of a proceeding under section 1170.95, we are limited to the petition itself and the record of conviction in considering whether defendant made a prima facie case for relief. (People v. Lewis (2021) 11 Cal.5th 952, 970-971.) Although our prior opinion is part of the record of conviction (Id. at p. 972), we may not rely on the…