People v. Espinoza CA2/3

BACKGROUND

I. The underlying crimes

On the evening of November 7, 1992, defendants committed an armed robbery at a residence in Hawthorne, California. A fourth man, Rutilo Aguilera, waited in a car outside the residence and acted as the getaway driver. The group was also joined by an unidentified woman. At the time of the robbery, 16-year-old Norma Barraza was inside the residence with her young niece and nephew, both of whom were under the age of 10. Barraza heard a knock on the front door and a voice asking for Robert. After Barraza responded that no one named Robert lived there, she stood behind the door with her hand on the knob waiting for the person to leave. A shotgun blast suddenly ripped through the doorknob, injuring Barraza’s hand. The door was then kicked open. Silva, armed with a 12-gauge sawed-off shotgun, and Alfredo, armed with a chrome .44 Magnum handgun, both entered the home. Jorge, armed with a black .40-caliber semiautomatic handgun, remained at the doorway, acting as a lookout. Once inside the home, one of the men ordered Barraza’s niece and nephew to get on the ground. The children complied and were taken to the living room where they sat on the sofa.…