Jimenez

I. BACKGROUND

A. The Indictment In November 2017, the Santa Clara County grand jury indicted both Jimenez and Ruiz on charges of murder (§ 187; count 1) of Humberto Salas with a robbery-murder

1 Unspecified statutory references are to the Penal Code.

1 special circumstance (§ 190.2, subd. (a)(17)), attempted murder (§§ 664, 187; count 2) of A.P., and conspiracy to commit robbery (§§ 211, 212.5, subd. (c); count 3). As to both counts 1 and 2, it was alleged that Jimenez personally and intentionally discharged a firearm that caused death (§ 12022.53, subd. (d)) and that Ruiz personally discharged a firearm (§ 12022.53, subd. (c)). B. The Trial The prosecution’s case largely rested on testimony from S.C., Jimenez’s girlfriend and a coparticipant in the crimes, who testified for the prosecution after entering a plea agreement wherein she pleaded guilty to voluntary manslaughter, accessory after the fact, and conspiracy to commit attempted robbery or robbery. The defense disputed both Jimenez and Ruiz’s presence at the scene, and the defense theory was that S.C. was falsely implicating them because she “knew, without question” what the prosecutor wanted to hear so…