Molina

I. FACTUAL AND PROCEDURAL BACKGROUND

A. The preliminary examination The charges in this case arise from a homicide that took place in October 2018. In a complaint filed on October 18, 2018, the Santa Cruz County District Attorney charged Molina and his two codefendants with one count of murder (§ 182, subd. (a)(1); count 1), one count of conspiracy to commit murder (§ 187, subd. (a); count 2), and one count of street terrorism (§ 186.22, subd. (a); count 3). The complaint further alleged two special circumstances—that the murder was committed by means of lying in wait (§ 190.2, subd. (a)(15)), and that the murder was committed for the benefit of a criminal street gang (§ 190.2, subd. (a)(22))—along with various other firearm and gang sentencing enhancements. According to the testimony presented at the preliminary examination by cooperating witnesses (Witness 1 and Witness 2), Molina is alleged to have planned the killing. Witness 1 and Witness 2, who were members of the same gang as Molina, testified that Molina taught them about the gang’s structure and also organized and oversaw the gang’s meetings. Witness 1 described Molina as a “shot caller” for the gang. Both Witness 1…