The People v. Childress CA2/2

BACKGROUND

Procedural history An amended information charged defendants with the following crimes: count 1 charged Childress with the murder of Jose Martinez (Martinez) in violation of Penal Code section 187, subdivision (a);2 count 2 charged the murder of Rosa Maria Gallegos (Gallegos) in violation of section 187, subdivision (a); count 3 charged the attempted willful, deliberate, and premeditated murder of Kenneth Thomas (Thomas) in violation of sections 187, subdivision (a), and 664; count 4 charged the attempted willful, deliberate, and premeditated murder of Luis Miralda (Miralda); and count 5 charged defendants with making criminal threats against Yvonne Love (Love) in violation of section 422.

1 See generally, Bruton v. United States (1968) 391 U.S. 123 (Bruton); People v. Aranda (1965) 63 Cal.2d 518 (Aranda); and Crawford v. Washington (2004) 541 U.S. 36 (Crawford).

2 All further statutory references are to the Penal Code, unless otherwise indicated.

2 The amended information specially alleged in count 1 that the murder was one of multiple murders committed by Childress within the meaning of section 190.2, subdivision (a)(3). In count 2, the information…