Hoyos

During the evening of May 26, 1992, Daniel and Mary Magoon were killed in their home and their three-year-old son J. was wounded. In 1994, a San Diego County jury convicted defendant Jaime Armando Hoyos and codefendant Jorge Emilio Alvarado of the first degree murders of Daniel and Mary Magoon. (Pen. Code, §§ 187, 189.) It acquitted defendant and Alvarado of attempted murder as to J. (§§ 664, 187, subd. (a)), but convicted them of the lesser included offense of assault with a firearm. (§ 245, subd. (a)(2).) The jury further found that defendant and Alvarado personally used a firearm (§ 12022.5, subd. (a)), and found true the special circumstances that the murders were committed while defendant and Alvarado were engaged in the commission or attempted commission of robbery, in violation of section 211, and of burglary, in violation of section 459. (§ 190.2, subd. (a)(17).) It also found true a multiple-murder allegation. (§ 190.2, subd. (a)(3).) Before the penalty phase, the trial court granted Alvarado’s motion for new trial, but denied defendant’s. After a penalty trial, the jury returned a verdict of life without possibility of parole for the murder of Daniel Magoon, and…