P.

FACTS AND PROCEDURAL HISTORY

By third amended information, Matters and Yun were charged as follows: Counts 1 and 3: charged Yun with assault with a deadly weapon (§ 245, subd. (a)(1));

Matters and Yun were tried jointly but before separate juries. Unless otherwise stated, statutory references are to the Penal Code.

2 Count 2: charged Yun with attempted second degree robbery (§§ 664, 211), and also alleged that Yun personally used a deadly weapon (box cutter) in the commission of the offense (§ 12022, subd. (b)(1)); Count 4: charged Matters with dissuading a witness by force or threat (§ 136.1, subd. (c)(1); Counts 5 and 6: charged Matters and Yun jointly with assault by means likely to produce great bodily injury (§ 245, subd. (a)(1).) As to both counts, the information further alleged that Matters and Yun personally inflicted great bodily injury upon the victims (§ 12022.7, subd. (a)). As to all counts, the information alleged that the offenses were gang related (§ 186.22, subds. (b)(1)(B), (b)(1)(C), and (b)(4)). Finally, as to counts 1, 2, 3, 5, and 6 it was alleged that Yun had a prior ―strike‖ conviction (§§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d)), a prior…