P.

BACKGROUND

Procedural history An amended information charged defendant and Eduardo Galicia (Galicia) with the attempted willful, deliberate, and premeditated murder (Pen. Code, § 164/187, subd. (a))1 of Daniel Gonzalez (Gonzalez) in count 1, Rafael Hernandez (Hernandez) in count 2, and Salvador Ramirez (Ramirez) in count 3. Counts 4, 5, and 6 alleged that defendant and Galicia committed an assault with a firearm upon the same three victims, in violation of section 245, subdivision (a)(2). The amended information specially alleged that a principal personally and intentionally discharged a firearm within the meaning of section 12022.53, subdivisions (b), (c), and (e)(1); and that for purposes of section 186.22, subdivision (b)(1)(C), the crimes were committed for the benefit of, at the direction of, and in association with a criminal street gang. Defendant was charged in count 7 with the unlawful driving or taking of a vehicle in violation of Vehicle Code section 10851, subdivision (a); count 8 alleged a misdemeanor violation of section 12025, subdivision (a)(2), carrying a concealed firearm; and count 9 alleged that defendant carried a loaded firearm on his person in a public…