People v. Guerrero CA2/1

BACKGROUND

I. Charges, First Trial, and Direct Appeal

In August 2008, an information charged Guerrero and two codefendants (Joe Toledo and Jose Enciso) with the murder (§ 187, subd. (a)) of Darryl White, committed for the benefit of, at the direction of, and in association with a criminal street gang (§ 186.22, subd. (b)(1)). The information also alleged that, in the commission of the murder, codefendant Toledo personally and intentionally discharged a handgun, and a principal personally and intentionally discharged a handgun. (§ 12022.53, subds. (b)- (e).) In October 2009, a jury found Guerrero and his two codefendants guilty of first degree murder and found true the gang and firearm enhancements alleged in the information. Each defendant was sentenced to 50 years to life in prison. Guerrero and his codefendants appealed, and we reversed the convictions for evidentiary error. (People v. Toledo (Oct. 5, 2011, B219800) [nonpub. opn.].)

Further statutory references are to the Penal Code.

II. Retrial, Appeal, and Modification of Judgment

Guerrero and his codefendants were retried in 2014. In the present appeal, Guerrero and the Attorney General take their summary of…