Felix

RELEVANT PROCEDURAL HISTORY

On August 4, 2006, a third amended information was filed alleging that appellant Gilbert Felix had committed offenses on two different dates. In counts 1 and 3, the information charged appellant, respectively, with the murder of Rasheed Coleman (Pen. Code, § 187, subd. (a)) and the attempted robbery of Arturo Rodriguez (§§ 211, 664) on or about July 27, 2003; in count 4, it charged appellant with the murder of Timothy Soto (§ 187, subd. (a)) on or about November 16, 2003. Under each count, the information alleged that appellant personally used a firearm (§ 12022.53, subds. (b), (c), (d)) and acted to benefit a criminal street gang (§ 186.22, subd. (b)(1)(C)); it also alleged under counts 1 and 4 that appellant committed the offenses as a participant in a criminal street gang (§ 190.2, subd. (a)(22)). In addition, it alleged under count 1 that appellant murdered Coleman due to his color (§ 190.2, subd. (a)(16)),' and under count 4, that appellant had committed multiple murders (§ 190.2, subd. (a)(3)). Appellant pleaded not guilty to the charges and denied the special allegations.

The information also charged Michael Orozco—who is not a party…