People v. Zaragoza CA5

STATEMENT OF THE CASE

On March 23, 2018, the Kings County District Attorney filed an information charging Zaragoza with attempted premeditated murder (Pen. Code, §§ 664/187, subd. (a); count 1),2 attempted second degree robbery (§§ 664/211; count 2), misdemeanor resisting or delaying a peace officer (§ 148, subd. (a)(1); count 4), and misdemeanor possession of burglary tools (§ 466; count 5).3 As to counts 1 and 2, it was alleged that a principal personally and intentionally discharged a firearm causing great bodily injury (§ 12022.53, subds. (b), (c), (d) & (e)) and that the crimes were committed for the benefit of, at the direction of, and in association with a criminal street gang (§ 186.22, subd. (b)(1)(C)).

1 Zaragoza was tried with his co-defendant, Pinon, who was also convicted of various offenses arising out of the same incident. Pinon’s appeal is addressed in a separate opinion, our case number F080327. Undesignated statutory references are to the Penal Code. 3 Pinon was charged with Zaragoza in counts 1, 2, 4, and 5, and was also charged with resisting an executive officer (§ 69; count 3) and personally and intentionally discharging a firearm causing great bodily…