People v. Gonzalez CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Procedural History In March 2015, the grand jury of Santa Clara County returned a 34-count indictment charging appellant Gonzalez, codefendant Carlos Roman, and 22 other individuals.2 In December 2017, the Santa Clara County District Attorney filed a third amended indictment (hereafter indictment) against the same 24 people. That indictment alleged 14 crimes against Gonzalez: Street terrorism (Pen. Code, § 186.22, subd. (a)3; count 1), attempted murder (§§ 187, 664, subd. (a); count 5), assault with a deadly weapon (§ 245, subd. (a)(1); count 6), dissuading a witness or victim by force or threat (§ 136.1, subd. (c)(1); counts 7 & 8), robbery (§ 211; count 9), burglary (§ 460, subd. (a);

1 We originally filed an opinion in this case on April 19, 2022. Thereafter, on May 9, 2022, we granted Gonzalez’s petition for rehearing, which sought rehearing to address a claim (not raised in Gonzalez’s prior briefing) that under Penal Code section 1109, the failure to bifurcate the gang sentence enhancement allegations requires reversal of his convictions. We provided the parties the opportunity to stand on their rehearing briefs or submit supplemental…