People v. Magana-Torres CA3

BACKGROUND

The amended information charged Magana-Torres and his two codefendants with three counts of auto theft (Veh. Code, § 10851, subd. (a)), conspiracy to commit robbery (Pen. Code, §§ 182, 211, subd. (a)(1)),1 burglary (§ 459), two counts of home invasion robbery in concert (§§ 211, 213, subd. (a)(1)(A)), theft from an elder (§ 368, subd. (d)), two counts of false imprisonment (§ 236), false imprisonment of an elder (§ 368, subd. (f)), assault with a deadly weapon (§ 245, subd. (a)(1)), two counts of conspiracy to commit murder (§§ 182, subd. (a)(1), 187), two counts of attempted premeditated murder (§§ 664, 187, subd. (a)), arson causing great bodily injury (§ 451, subd. (a)), causing injury to an elder (§ 368, subd. (b)(1)), and three counts of receiving stolen property (§ 496, subd. (a)). It also alleged several enhancements and multiple circumstances in aggravation not relevant to our disposition of this case. The underlying facts are recited in our unpublished decision in People v. Gomez- Perez et al. (Mar. 27, 2009, C056219) (Gomez-Perez).2 Although we do not rely on the factual summary in Gomez-Perez to conduct our review, we recount some background facts to provide…