People v. Olivares CA2/1

BACKGROUND

Charges In an information, filed September 16, 2010, the Los Angeles County District Attorney charged Olivares and codefendant Michael Wayne Thompson with the April 3, 2004 murder of Erica Carpinteyro (count 1) and the May 27, 2004 murder of Michael Johnson (count 2). The district attorney alleged a special circumstance under Penal Code

2 1 section 190.2, subdivision (a)(3), because defendants were charged with more than one murder. The district attorney further alleged firearm (§ 12022.53, subds. (b)-(e)(1)) and gang (§ 186.22, subd. (b)) enhancements as to the murder counts. Evidence presented at the preliminary hearing and at trial demonstrated Olivares and Thompson were members of the Four Trey Gangster Crips criminal street gang, which Olivares does not dispute. The September 16, 2010 information also charged Olivares (but not codefendant Thompson) with the May 23, 2004 willful, deliberate and premeditated attempted murders of Cecillio Moreno (count 3) and Faustino Olivar (count 4). As to these attempted murder counts, the district attorney alleged firearm (§ 12022.53, subds. (b)- (e)(1)) and gang (§ 186.22, subd. (b)) enhancements. At the time of the charged…