People v. Rosales CA5

STATEMENT OF THE CASE

In a complaint filed on October 29, 2020, the Tulare County District Attorney charged Rosales with robbery of J.S. (§ 211, count 1); attempted robbery of C.T. (§§ 664, 211; count 2); attempted robbery of D.C. (§§ 664, 211; count 3); assault with a semiautomatic firearm as to J.S., C.T. and D.C. (§ 245, subd. (b); counts 4, 5 & 6); and active participation in a street gang (§ 186.22; subd. (a); count 7). It was additionally alleged that Rosales committed the offenses for the benefit of a gang (§ 186.22, subd. (b)(1)(C); counts 1-6); a principal (Rosales) used a firearm (§ 12022.53, subds. (b), (e)(1); counts 1-3); Rosales personally used a firearm (§ 12022.5, subd. (a)(1); counts 1- 6); and Rosales had suffered a prior serious or violent offense (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and a serious prior conviction (§ 667, subd. (a)(1) (counts 1-7). On September 12, 2022, Rosales pleaded no contest to count 1 and admitted the section 186.22, subdivision (b)(1)(C) allegation, an amended section 12022.5, subdivision (a) allegation, and that he had previously been convicted of a serious or violent offense with the meaning of sections 1170.12,…