People v. Riser CA2/2

BACKGROUND

Procedural history All three defendants were named in each count of the nine-count information. Count 1 charged them with the murder of Amador Cendejas-Cortes (Cendejas-Cortes), in violation of Penal Code section 187, subdivision (a).1 Counts 2 through 9 charged defendants with the attempted, willful, deliberate, and premeditated murder in violation of sections 664 and 187, subdivision (a), of the following persons, respectively: Juan Carlos Laben (Laben);2 Maribel Magallon (Magallon); Jesus Rodriguez Negrete (Jesus); Hugo Sanchez (Sanchez); Jorge Cantu (Cantu); Mitsuhiro Nakano (Nakano); Jesus Rodriguez Torres (Torres); and Bryan Rodriguez Negrete (Bryan). The information alleged with regard to counts, 1, 2, 3, 4, 5, and 6, that a principal and Riser personally used and intentionally discharged a rifle, causing great bodily injury or death to Cendejas-Cortes, Cantu, Laben, Magallon, Jesus, and Sanchez, within the

All further statutory references are to the Penal Code, unless otherwise indicated.

Laben spelled his name when he testified at trial, but the information was not amended. We use his spelling.

2 meaning of section 12022.53, subdivisions (b),…