People v. Avendano CA5

INTRODUCTION

Defendants Angel Antonio Avendano, Lizeth Yesenia Aldaco (Lizeth), and Miguel Aldaco (Miguel) (collectively, defendants) were each charged with unlawful transportation of a controlled substance (Health & Saf. Code, § 11379, subd. (a) [count 1]), open carry of a loaded firearm by a nonregistered owner (Pen. Code,1 § 25850, subds. (a), (c)(6) [count 4]), and unlawful possession of a controlled substance for sale (Health & Saf. Code, § 11378 [count 5]). Lizeth was separately charged with unlawful possession of a firearm under the age of 30 by an individual previously adjudged a ward of the juvenile court (§ 29820 [count 2]). Miguel was separately charged with unlawful possession of a firearm by a convicted felon (§ 29800, subd. (a)(1) [count 3]). The information further alleged that defendants committed the offenses underlying counts 1 and 5 for the benefit of or in association with a criminal street gang, i.e., the Loma Bakers (§ 186.22, former subd. (b)(1)), and while personally armed with a firearm (§ 12022, subd. (c)). The prosecution theorized that defendants conspired to commit the charged offenses for the benefit of the Loma Bakers. Following trial, the jury…