P. v. Martinez
Appellants Daniel Joseph Martinez and Pablo Lopez III were charged, by first amended information, with premeditated murder of Jefte Garcia (Pen. Code,[1] 187; count I), attempted premeditated murder of Jair Garcia ( 187, 664; count II), and active participation in the Norteno criminal street gang ( 186.22, subd. (a); count III). As to counts I and II, it was alleged that Lopez personally and intentionally discharged a firearm and proximately caused great bodily injury or death ( 12022.53, subd. (d)), that both used a firearm and the crime was committed for the benefit of or in association with a criminal street gang ( 12022.53, subd. (e)(1)), and that both committed the offense for the benefit of or in association with the Norteno criminal street gang ( 186.22, subd. (b)). As to count III, it was alleged that Lopez personally used a firearm ( 12022.5, subd. (a)).
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