People v. Camacho CA2/5

I. INTRODUCTION

A jury convicted defendants and appellants Juan Carlos Camacho and Adan Muniz of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)1) and willful, deliberate, and premeditated attempted murder (§§ 664/187, subd. (a)). The jury found true the allegation that the offenses were committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote, further, and assist in criminal conduct by gang members. (§ 186.22, subd. (b)(1)(C).) It further found true the allegation that in the commission of each offense Muniz personally inflicted great bodily injury on the victim. (§ 12022.7, subd. (a).) The trial court found true the allegations as to both offenses that Camacho had two prior serious and/or violent felony convictions (§§ 667, subds. (a)(1) & (b)-(j); 1170.12, subd. (b)) and served two prior prison terms (§ 667.5, subd. (b)) and Muniz served one prior prison term (§ 667.5, subd. (b)). The court sentenced Camacho to 45 years to life in state prison and Muniz to 13 years to life in state prison. In his opening brief, Camacho contended insufficient evidence supported the gang enhancement…