People v. Castillo CA5

BACKGROUND

Charges In an information filed in December 2011, defendant and codefendants Roberto Estrada, Jr., and Miguel Quintero were charged with several Penal Code violations (undesignated statutory references are to the Penal Code): attempted murder (§§ 664, 187, subd. (a); count 1); carjacking (§ 215, subd. (a); count 2); first degree robbery (§§ 211, 212.5, subd. (b) [ATM robbery]; count 3); assault with a firearm (§ 245, subd. (a)(2); count 4); assault with a deadly weapon (i.e., knife) (§ 245, subd. (a)(1); count 5). The information also contained several special allegations as to defendant: that counts 1 through 4 were violent felonies subject to the gang enhancement found in section 186.22, subdivision (b)(1)(C); that count 2 is subject to section 186.22, subdivision (b)(4); that count 5 was subject to the gang enhancement found in section 186.22, subdivision (b)(1)(A); that defendant personally caused great bodily injury with respect to all five counts (§ 12022.7, subd. (a)); that defendant personally used a firearm in the commission of each of the five counts (§ 12022.5, subd. (a)); that defendant’s firearm use caused great bodily injury as to counts 1 through 3 (§…