People v. Llamas-Escalante CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Procedural History On April 26, 2021, the Monterey County District Attorney filed a second amended information (information) charging Escalante with the willful, deliberate, and premeditated murder of Santos Emilio Barriga (Pen. Code, §§ 187, subd. (a), 189;2 count 1), four counts of assault with a firearm (§ 245, subd. (a)(2); counts 2–5), and shooting at an inhabited dwelling (§ 246; count 6). Counts 2 through 5 each alleged a different victim, Veronica T., Peyton H., Rico T., and Antonella T., respectively. As to count 1, the information further alleged that Escalante personally used a handgun (§ 12022.53, subd. (b)), personally and intentionally discharged a handgun (§ 12022.53, subd. (c)), and personally and intentionally discharged a handgun causing great bodily injury and/or death to Barriga (§ 12022.53, subd. (d)). As to counts 2 through 5, the information alleged that Escalante personally used a handgun (§ 12022.5, subd. (a)). Lastly, as to count 6, the information alleged that Escalante personally and intentionally discharged a handgun causing great bodily injury and/or death to Barriga (§ 12022.53, subd. (d)). In May 2021, the jury…