People v. Quiroz CA2/1

BACKGROUND

An information filed on August 8, 2011 charged Quiroz with the murder of Ramon Medrano Sibrian, in violation of Penal Code1 section 187, subdivision (a), with the special circumstances of murder while engaged in a kidnapping (§ 190.2, subd. (a)(17)), intentional killing while an active gang member to further the gang’s activities (§ 190.2, subd. (a)(22)), and intentional killing of a witness (§ 190.2, subd. (a)(10)) (count 1). The indictment also alleged street terrorism in violation of section 186.22, subdivision (a) (count 2); kidnapping in violation of section 207, subdivision (a) (count 3); conspiracy to commit murder in violation of section 182, subdivision (a)(1) (count 4); and attempted kidnapping in violation of sections 207, subdivision (a), and 664 (count 5). As to counts 1, 4, and 5, the information alleged that a principal personally and intentionally discharged a firearm causing death, under section 12022.53, subdivisions (d) and (e)(1). Additional firearm enhancements were alleged as to counts 4 and 5, under section 12022.53, subdivisions (b), (c), and (e). Counts 1, 3, 4, and 5 contained gang allegations under section 186.22, subdivision (b)(1)(c).…