People v. Lara CA5

INTRODUCTION

Defendant Yesenia Lara was arrested in August 2018 following an allegedly gang- related group assault she committed with two juveniles, one of whom stabbed the victim. Defendant was subsequently acquitted by the jury of robbery (Pen. Code, § 212.5, subd. (c); count 2),1 but convicted of attempted murder (§§ 664/187, subd. (a); count 1), assault with a deadly weapon (§ 245, subd. (a)(1); count 3), battery with serious bodily injury (§ 243, subd. (d); count 4), and making a criminal threat (§ 422, subd. (a); count 5). The jury found the gang enhancements attached to counts 1, 3, and 4 true, and the enhancement for personal infliction of great bodily injury (GBI) attached to count 3 true. (§§ 186.22, subd. (b)(1), 12022.7, subd. (a).) At the sentencing hearing, the trial court granted defendant’s motion for a new trial on the attempted murder count, pursuant to Senate Bill No. 1437 (2017–2018 Reg. Sess.) and this court’s then-recent decision in Medrano.2 On count 3, assault with a deadly weapon, the court sentenced defendant to the lower term of two years, with additional consecutive terms of three years for the GBI enhancement and 10 years for the gang enhancement, for…