People v. Salazar CA4/2

FACTS AND PROCEDURAL BACKGROUND

Counts one, two, and three of the information were based on the events of September 13, 2009, and counts four and five were based on events that took place two days earlier on September 11, 2009. The information charged defendant, Alex Bryan Vilchis, and Jose Pedro Bautista with murder (§ 187, subd. (a); count one), conspiracy to commit an aggravated assault (§ 245, subd. (a)(1); count two), and active participation in a criminal street gang (§ 186.22, subd. (a); count three). A special circumstance (§ 190.2, subd. (a)(22)) and a firearm use allegation (§ 12022.53, subds. (d), (e)(1)) were alleged in connection with the murder, and it was alleged the murder and the conspiracy were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). Defendant and Bautista were charged in count four of the information with the attempted murder of Joseph Martinez, (§§ 664, subd. (a), 187, subd. (a)), and defendant was charged in count five with active participation in a criminal street gang. The attempted murder was alleged to have been committed for the benefit of a criminal street gang. The trials of defendant and Vilchis were severed.…