People v. Villavalzo CA2/4

INTRODUCTION AND PROCEDURAL BACKGROUND

The Los Angeles County District Attorney filed an amended complaint charging defendant and appellant Eugenio Remigio Villavalzo with two counts of murder (Pen. Code,1 § 187; counts 1 [victim Jason Zapata] and 2 [victim Jonathan Sanchez Flores]), two counts of conspiracy to commit murder (§ 182, subd. (a)(1); counts 3 and 4), unlawful possession of a firearm (§ 29820, subd. (b); count 5), possession of a controlled substance for sale (Health and Saf. Code, § 11375, subd. (b)(1); count 6), misdemeanor possession of a controlled substance (Health and Saf. Code, § 11350; count 7), two counts of voluntary manslaughter (§ 192, subd. (a); counts 8 [victim Jason Zapata] and 9 [victim Jonathan Sanchez Flores]), and second-degree robbery (§ 211; count 10). The information also charged special circumstances with respect to counts 1 and 2, alleging Villavalzo committed multiple murders (§ 190.2, subd. (a)(3)), and the homicides were committed while the defendants were engaged in the commission of robbery (§ 190.2, subd. (a)(17)(A)). It further alleged Villavalzo personally used a firearm in the commission of counts 1 and 2 (§ 12022.53, subds. (b), (c) &…