People v. Olague CA3

I. BACKGROUND

A. The Underlying First Degree Murder and Attempted Murder Convictions We take certain facts and procedural history from the unpublished opinion we issued in 2009 affirming defendant’s convictions in Olague, supra, C053372: “On September 21, 2003, an indictment was filed alleging that defendants and others—Christina Marie Marten, Nathaniel Easlon, Richard Betancourt, and (later added) Gilberto Lopez—committed the following crimes: “Count 1: First-degree murder of Robert Stepper (§ 187, subd. (a)), with enhancements alleging the murder was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(4)), Cervantes used a firearm which caused death or bodily injury (§ 12022.53, subds. (a), (d)), and a principal personally discharged a firearm causing death or bodily injury (§ 12022.53, subd. (a)). Count 2: First-degree murder of Eric Folsom, with enhancements as above. Count 3: Attempted murder of Vicki Folsom (§§ 187, subd. (a); 664, subd. (a)), with enhancements as above. Count 4: Attempted murder of Jessica Valdez, with enhancements as above. “The indictment also alleged special circumstances for multiple murder and intentional killings as…