P. v. Pena CA4/3
Gilberto Jesus Pena (Pena) appeals from a judgment after a jury convicted him of conspiracy to commit murder, two counts of assault with a firearm, one count of active participation in a criminal street gang, and numerous enhancements. The criminal complaint also included allegations against his brother Juan Pena (Juan) and a friend, Pablo Hernandez (Pablo). However, Juan’s case was tried separately and before Pena’s trial. A jury convicted Juan of attempted murder and street terrorism and found true numerous enhancements, including that he committed the attempted murder for the benefit of a criminal street gang. In 2015, we considered Juan’s appeal and reversed the street terrorism conviction and the jury’s finding on the street terrorism enhancement, remanding the matter for resentencing. (People v. Pena (Nov. 12, 2015, G049885) [nonpub. opn.] (Pena I).) We grant Pena’s motion to take judicial notice of that decision. (Evid. Code, § 459, subd. (a).)
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