People v. Baeza CA2/5

INTRODUCTION

Defendants and appellants Noe Baeza and Robert Benavidez were tried together before separate juries.1 The respective juries found Baeza and Benavidez guilty of first degree murder (Pen. Code, § 187, subd. (a)2), kidnapping (§ 207, subd. (a)), first degree burglary (§ 459), and being a felon in possession of a firearm (former § 12021, subd. (a)(1), now § 29800, subd. (a)(1)). As to the murder, the juries found true the allegation that Baeza and Benavidez committed the murder while engaged in the crimes of burglary or kidnapping (§ 190.2, subd. (a)(17)); as to the murder and kidnapping, the juries found true the allegations that a principal personally used and intentionally discharged a firearm causing great bodily injury and death (§ 12022.53, subds. (b)-(d) & (e)(1)); and as to each of the offenses, the juries found true the allegations that the offenses were committed for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further, and assist in criminal conduct by gang members (§ 186.22, subds. (b)(1)(A)-(C)3) (gang enhancements). Benavidez admitted that he suffered four prior convictions—the…