People v. Zaragoza CA4/2

STATEMENT OF THE CASE

On April 22, 2021, a third amended information charged defendant and appellant

Thomas Lucio Zaragoza with deliberate and premeditated attempted murder (Pen. Code,1

§§ 664 and 187, subd. (a); count 1); participating in a criminal street gang (§ 186.22,

subd. (a); count 2); and assault with a firearm (§ 245, subd. (a)(2); count 3). The

information also alleged that defendant discharged a firearm causing great bodily injury

or death under sections 12022.53, subdivision (d), and 1192.7, subdivision (c)(8), as to

count 1; and that defendant used a firearm under sections 12022.5, subdivision (a), and

1192.7, subdivision (c)(8), as to count 3. Moreover, the information alleged that in the

commission of counts 1 and 3, defendant caused great bodily injury under sections

12022.7, subdivision (a), and 1192.7, subdivision (c)(8), and committed the offense for

the benefit of a criminal street gang under section 186.22, subdivision (b)(5).

Additionally, the information alleged that defendant committed counts 1 and 3 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…