People v. Saucer CA1/3

BACKGROUND

I. Charges On October 14, 2020, the Contra Costa County District Attorney filed an information charging Saucer with the murders of Carl Roberts and Burt Mascarenas (Pen. Code, § 187, subd. (a);1 counts 1 and 4), criminal street gang conspiracy to commit murder (§ 182.5; count 2), and dissuading a witness (Roberts) by force or threat (§ 136.1, subd. (c)(1); count 3).2 As to both murders, the information also alleged the multiple-murder special circumstance (§ 190.2, subd. (a)(3)). As to the Roberts murder, the information also alleged the gang-murder special circumstance (§ 190.2, subd. (a)(22)) and the gang-based firearm enhancement (§ 12022.53, subds. (d) & (e)). As to the Mascarenas murder, the information alleged that Saucer personally and intentionally discharged a firearm causing death (§ 12022.53, subd. (d)). And regarding the dissuading a witness count, the

1 All further statutory references are to the Penal code unless otherwise

stated.

2 The information also alleged attempted second degree robbery

(§§ 211, 664; count 5), but following the first day of testimony, the trial court severed the attempted robbery count from the other counts, and at sentencing,…