People v. Pinon CA5

STATEMENT OF THE CASE

On March 23, 2018, the Kings County District Attorney filed an information charging Pinon with attempted premeditated murder (Pen. Code, §§ 664/187, subd. (a);1 count 1), attempted second degree robbery (§§ 664/211; count 2), resisting an executive officer (§ 69; count 3), misdemeanor resisting or delaying a peace officer (§ 148, subd. (a)(1); count 4), and misdemeanor possession of burglary tools (§ 466; count 5).2 As to counts 1 and 2, it was alleged Pinon 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)). On September 30, 2019, a jury was empaneled to try the case. On October 4, 2019, the court granted Pinon’s motion to dismiss counts 4 and 5 pursuant to

Undesignated statutory references are to the Penal Code. Zaragoza was charged with Pinon in counts 1, 2, 4, and 5.

2. section 1118.1. On October 7, 2019, the jury found Pinon guilty on counts 1, 2, and 3, and found all enhancement allegations true. On November 5, 2019, the trial…