People v. Quiles CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Trial Proceedings 1. Charges In September 2016, the Santa Clara County District Attorney filed a first amended information (information) charging Quiles and a codefendant, Christopher Azure, with the murder of Wofford (§ 187; count 1 [Jan. 9, 2015]) and Quiles, alone, with resisting an officer (§ 148, subd. (a)(1); count 2 [Jan. 11, 2015]). Attendant to the murder count, the information alleged that Quiles personally and intentionally discharged a firearm and proximately caused Wofford’s death (firearm use allegation) (§ 12022.53, subd. (d)). The information also alleged that the murder was committed while Quiles and Azure were engaged in the commission or attempted commission of a robbery (special circumstance allegation) (§§ 190.2, subd. (a)(17), 211, 212.5).

2 The information included additional counts charging Azure, alone, with voluntary manslaughter (§ 192, subd. (a); count 3) plus an attached firearm allegation (§ 12022, subd. (a)), second degree robbery (§ 211, 212.5, subd. (c); count 4), and conspiracy to sell marijuana (§ 182, subd. (a)(1); count 5). Pursuant to a negotiated

2 2. Trial Evidence The prosecution presented evidence…