People v. Cortinas CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background In 2018, the prosecution charged Cortinas with four counts: count 1—murder (Pen. Code, § 187)1 ; count 2—attempted murder (§§ 664, subd. (a), 187); count 3—first degree burglary (§§ 459, 460, subd. (a)); and count 4—participating in a criminal street gang (§ 186.22, subd. (a)). As to counts 1, 2, and 3, the prosecution alleged Cortinas committed the offenses for the benefit of, at the direction of, and in association with a criminal street gang. (§ 186.22, subds. (b)(1)(C) & (b)(5).) As to counts 1 and 2, the prosecution alleged Cortinas personally discharged a firearm causing the death of a person other than an accomplice (§ 12022.53, subd. (d)). As to count 3, the prosecution alleged a person was present in the residence during the offense, and that Cortinas personally used a firearm in the commission of the offense. (§§ 667.5, subd. (c)(21), 12022.5, subd. (a).) Finally, the prosecution alleged Cortinas had served a prior prison term. (§ 667.5, subd. (b).) The trial court granted the prosecution’s motion to dismiss count 3 (first degree burglary) for insufficient evidence, as well as the allegations on count 3. The…