People v. Robles CA2/3

FACTS AND PROCEDURAL BACKGROUND

1. The crimes, convictions, and appeal In 2006, the People charged Robles, along with his co-defendant Jessie Garcia, with the murders of Michael Juarez and Anthony Juarez, as well as the attempted murders of Matthew Vaughn and Frank Juarez. The People alleged the murders were “a special circumstance within the meaning of Penal Code Section 190.2(a)(3),” multiple murder. The People also alleged the defendants committed the crimes for the benefit of, at the direction of, or in association with a criminal street gang and—as to Garcia—that a principal used and discharged a firearm causing death or great bodily injury to the victims. The People alleged Robles had several prior strikes, including robbery, assault with a deadly weapon, and false imprisonment with a gun. As the facts of Robles’s crimes are irrelevant to our analysis, we summarize them only briefly.2 Robles and Garcia

References to statutes are to the Penal Code. We take judicial notice of the file in Robles’s direct appeal, People v. Robles et al. (February 25, 2014, B232828) [nonpub. opn.] (Robles I). As the truth of the facts of the crimes recited in Robles I are not…