People v. Valencia CA2/2

BACKGROUND

Procedural history The third amended information charged defendants and codefendant David Robles (Robles) with two counts of conspiracy to commit a crime, in violation of Penal Code section 182, subdivision (a):4 murder in count 1 and kidnapping in count 2. It was also alleged that Moreno had three prior convictions within the meaning of the “Three

When referring to defendants individually we use just their last names, Valencia and Moreno.

See People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler) and Batson v. Kentucky (1986) 476 U.S. 79 (Batson).

See Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess); Penal Code sections 832.7 and 832.8; Evidence Code sections 1043 through 1045.

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

2 Strikes” law (§§ 1170.12, subd. (a)-(d), 667, subd. (b)-(i)); one prior serious felony conviction within the meaning of section 667, subdivision (a)(1); and one prior conviction with a prison term within the meaning of section 667.5, subdivision (b). Count 2 was later dismissed. The defendants were tried jointly, and the jury found Valencia and Moreno guilty as charged in…