People v. Valle CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

A. Valle’s Conviction for Second Degree Murder As reflected in the Sixth District’s 2002 opinion in Valle’s direct appeal, Valle’s criminal conviction arose from a stabbing incident that took place in Gilroy in 1998, leading to the death of one victim and injuries to two others. “[O]n September 18, [1998,] [the three victims,] Molina, Walter, and Arthur, among others, walked by [Valle’s co-defendant] Hernandez, hurled a gang insult at him, and slashed the tires on Valle’s father’s truck. They continued walking and ultimately congregated outside 8090 Springdale Court. Valle, Hernandez, and a third person followed them to Springdale Court. At least Valle and the third person were armed with knives. Within moments of arriving, [Valle and Hernandez] and their confederate attacked Molina, Walter, and Arthur, stabbing all three of them, and killing Walter.” Based on this incident, an amended information charged Valle and co- defendant Ricardo Hernandez with certain crimes. Valle was charged with first degree murder with the further allegation that he personally used a dangerous and deadly weapon (a knife) (§§ 187, subd. (a), 12022, subd.…