Cruz-Partida
People v. Cruz-Partida
Opinion
Opinion
I.
BACKGROUND
On September 22, 2016, the San Mateo County District Attorney filed a felony information charging Cruz-Partida with the murder of Nicholas G. (Pen. Code,1 § 187, subd. (a); count 1); the attempted murder of Steven G.
1All statutory references are to the Penal Code unless otherwise specified. (§§ 664, 187, subd. (a); count 2); felony assault of Steven G. with a semiautomatic firearm (§ 245, subd. (b); count 3); and felony assault of Steven G. and/or Nicholas G. with a semiautomatic firearm (§ 245, subd. (b); count 4). Counts 1 and 2 were enhanced with allegations involving the intentional discharge of a firearm and great bodily injury. (§§ 1203.075, subd. (a), 12022.7.) Count 3 was enhanced by allegations of personal use of a firearm and great bodily injury. (§§ 12022.5, subd. (a), 12022.7, subd. (a).) Count 4 included a special allegation claiming personal use of a firearm. (§ 12022.5, subd. (a).) The charges stemmed from two different altercations on April 25, 2016, both of which involved Cruz-Partida, Nicholas G., and Nicholas’s brother, Steven G. Counts 1 through 3 relate to the shooting of Nicholas and Steven near Orange Memorial Park in South San Francisco,…