People v. Esquivel CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background A grand jury indicted Esquivel and Ruiz, together with four other codefendants, on the following counts: count 1—the murder of Francisco Navarro (Pen. Code, § 187, subd. (a))1 ; count 2—attempted robbery in the second degree (§§ 211, 212.5, subd. (c), 664); and counts 3, 4, and 5—assault with a deadly weapon (§ 245, subd. (a)(1)). The grand jury further indicted Ruiz on: count 6—participating in a criminal street gang (§ 186.22, subd. (a)); and count 7—reckless driving while fleeing a police officer (Veh. Code, § 2800.2, subd. (a)). As to counts 1, 2, 3, 4, 5, and 7, the indictment alleged the offenses were committed for the benefit of, at the direction of, and in association with a criminal street gang (§ 186.22, subd. (b)). Esquivel entered an agreement to plead no contest to counts 2, 3, 4, and 5 in exchange for a sentence of six years eight months in prison, and she was released from custody based on the time served. Ruiz entered an agreement to plead no contest to counts 2, 3, 6, and 7, and to admit the gang enhancement in exchange for a sentence of five years four months. At sentencing, the trial court accepted…