People v. Hepburn-Martin CA6

I. FACTUAL AND PROCEDURAL BACKGROUND2

A. Procedure 1. Charges, verdict, and sentencing On April 7, 2016, the Santa Clara County District Attorney filed a first amended information charging Cornejo, Hepburn-Martin, and Tearri Richard with two counts of first degree murder (§ 187, subd. (a); counts 1, 2) and three counts of assault with a semiautomatic weapon (§ 245, subd. (b); counts 3, 4, 5). The information further alleged that, as to count 1, Cornejo and Hepburn-Martin personally used a firearm causing death or great bodily injury (§ 12022.53, subds. (b), (c), (d)). Finally, the information alleged as special circumstances that the murders (counts 1 and 2) were committed while the three defendants were engaged in robbery and burglary as well as that the three defendants had been convicted of more than one murder in this proceeding. (§ 190.2, subd. (a)(17), (3).) After a jury trial, Cornejo and Hepburn-Martin were found guilty of two counts of second degree murder (counts 1 and 2),3 and one count of assault with a firearm (count 4).4 On count 3, the jury found appellants not guilty of assault with

2 This court granted Hepburn-Martin’s request for judicial notice of the…