People v. Maldonado CA2/3

FACTS AND PROCEDURAL BACKGROUND

1. The 1980 robbery and murder2 On October 10, 1980, seven juvenile members of the Avenues gang, including Maldonado,3 decided to rob a pizza delivery man to get money to go to a county fair. The plan initially was devised by Rudy Zamorano, Martha McRae, and Lisa Gandara. They then gathered with Maldonado, Manual Marin, Ralph Garcia, and “Pete” at Maldonado’s house where they worked out the details. All seven participants “were for it.” The plan was to drive to a secluded street, order pizzas for delivery to an address on that street, and then wait for the delivery man to arrive to rob him. While the group agreed “nobody was supposed to get hurt,” they also decided to use

We take the facts from two documents Maldonado attached as Exhibits 1 and 2, respectively, to his reply brief in the superior court and incorporated by reference: a January 1981 probation officer’s report and a transcript of a November 1980 interview by authorities of Lisa Rose Gandara, one of the co-participants in the crimes. The prosecution also attached these two documents—as well as an October 1980 police report—to its response to Maldonado’s petition. We do not…