People v. Mena CA4/3

FACTS AND PROCEDURAL HISTORY

Mena, a member of the Barrio Small Town street gang (BST), was involved in an April 2016 shooting at Boysen Park in Anaheim, which is adjacent to Roosevelt Elementary School. Witnesses saw Mena shooting a firearm in the direction of a group

1 All further undesignated statutory references are to the Penal Code.

2 of men, who were later identified to be rival gang members. In July 2018, the prosecution filed an information charging Mena with eleven counts. • Three counts of attempted murder (§§ 664, 187, subd. (a); counts 1-3). • Three counts of assault with a semiautomatic firearm (§ 245, subd. (b); counts 4- 6). • Discharging a firearm in a school zone (§626.9, subd. (d); count 7). • Possession of a firearm in a school zone (§ 626.9, subd. (b); count 8). • Possession of a firearm by a felon (§ 29800, subd. (a)(1); count 9). • Negligent discharge of a firearm (§246.3, subd (a); count 10). • Possessing a concealed stolen firearm (§ 25400, subds. (a)(2), (c)(2); count 11). Various enhancements were also alleged. Firearm enhancements were alleged as to counts 1 through 6. (§§ 12022.5, subd. (a), 12022.53, subds. (b), (c).) All counts were alleged to be…