People v. Alvara CA2/2

BACKGROUND

Procedural history In a two-count information, Alvara and Miller were charged in count 1 with the with murder of Mylon Waggoner (Waggoner), in violation of Penal Code section 187, subdivision (a),2 and in count 2, with second degree robbery, in violation of section 211. The information also alleged as to count 1 that defendants committed the murder during the commission of a robbery within the meaning of section 190.2, subdivision (a)(17). As to both counts it was alleged that defendants committed the crimes for the benefit of, at the direction of, and in association with a criminal street gang with the intent to promote, further and assist the gang, within the meaning of section 186.22, subdivision (b)(1)(C). The trial court denied Alvara’s motion to sever his trial from Miller’s and the defendants were jointly tried. A jury convicted both defendants of second degree murder, found not true the allegation that the murder was committed during the commission of a

We refer to Alvara and Miller collectively as defendants.

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

2 robbery, and acquitted Alvara of robbery, but…