People v. Valdes CA2/2

I. Facts

A. The underlying crime In April 2012, defendant and a fellow gang member, Maximiliano Guadalupe Murillo (Murillo), drove into rival gang territory. They were joined by a third fellow gang member, Ricardo Virgen (Virgen), who drove separately. The three men came upon a rival gang member, and one of them—namely, Virgen—fired 10 shots from two different firearms, killing him instantly. B. Prosecution, conviction, and appeal The People charged defendant, Murillo, and Virgen, with murder (§ 187, subd. (a)), and further alleged that the murder was gang related as defined in section 186.22, subdivision (b)(1)(C). The People further alleged that a principal in the crime discharged a firearm (§ 12022.53, subds. (d) & (e)(1)), and that defendant and Virgen had personally discharged a firearm (§ 12022.53, subd. (d)). The matter proceeded to a joint trial. A jury found defendant guilty of second degree murder, and found

We draw these facts from our prior, unpublished appellate opinion affirming defendant’s conviction. (People v. Murillo (Mar. 8, 2018, B275684).)

2 the gang allegation and the principal’s use of a firearm allegation 3 to be true. The trial court…