People v. Casio CA2/5
Opinion
Opinion
FACTS AND PROCEDURAL HISTORY
I. Defendant’s Trial and Conviction
In 2010, the People charged defendant and Sean Martinez each with two counts murder (§ 187, subd. (a)), three counts attempted murder (§§ 187, subd. (a), 664), two counts false imprisonment (§ 236), and one count being a felon in possession of a firearm (§ 12021, subd. (a)(1)). The People further alleged various enhancements and special circumstances. Defendant and Martinez were tried together by jury but sentenced separately. (People v. Casio (March 12, 2013, B239547) [nonpub. opn.].) In 2011, the jury convicted defendant of two counts first degree murder (§ 187, subd. (a)), three counts attempted murder (§§ 187, subd. (a), 664), and one count felon in possession (§ 12021, subd. (a)(1)). As to the murder counts, the jury found true the multiple murder special circumstance (§ 190.2, subd. (a)(3)) and firearm enhancements (§ 12022.53, subds. (b) [personal use], (c) [personal and intentional discharge], (d) [personal and intentional discharge causing great bodily injury]), and that defendant was an active participant in a gang who carried out the murder in furtherance of gang activity (§ 190.2,