People v. Calvert CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Procedural History In November 2018, the Santa Clara County District Attorney filed an information charging Calvert and his codefendant, Gener Rabino, with the murder of Valentin B. (Pen. Code, § 187, subd. (a);1 count 1), and the attempted murder of Aaron P., Eric C., and Otoniel C. (§§ 187, subd. (a), 664; counts 2–4).2 For all counts, the information alleged that Calvert personally used a deadly and dangerous weapon (a knife) (§ 12022, subd. (b)(1)) and that Calvert and Rabino committed the charged crimes for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(5)) (gang enhancement). For counts 2, 3, and 4, the information further alleged that Calvert and Rabino committed the attempted murders willfully, deliberately, and with premeditation (§§ 187, 189, 664) and that Calvert personally inflicted great bodily injury on the victim (§§ 12022.7, subd. (a), 1203, subd. (e)(3)).3 In February 2019, the jury found Calvert guilty of murder as charged in count 1 but found not true an allegation that the crime was in the first degree. The jury also found Calvert guilty of all three counts of…