People v. Valenzuela CA5

STATEMENT OF THE CASE

Valenzuela was charged in a first amended information with three counts of first degree murder (§ 187, subd. (a); count 1 [victim Luis Morales]; count 2 [victim Benjamin Mariano]; count 3 [victim Antonio Jacobo]); one count of attempted murder (§§ 187, subd. (a), 664; count 4 [victim Jonathan T.2 ]); and one count of assault with a semiautomatic firearm (§ 245, subd. (b); count 5 [victim Jonathan T.]). The information further alleged the following: as to counts 1 and 2, gang-murder special circumstances (§ 190.2, subd. (a)(22)) and that Valenzuela committed the offenses for the benefit of or in association with a criminal street gang (§ 186.22, subd. (b)(1)(C)); as to counts 1, 2, and 3, multiple murder special circumstances (§ 190.2, subd. (a)(3), and that Valenzuela intentionally and personally discharged a firearm causing great bodily injury and death (§ 12022.53, subds. (d) & (e)); as to count 4, that Valenzuela personally discharged a firearm (§ 12022.53, subd. (c)); and, as to all counts, that Valenzuela had served a prior prison term (§ 667.5, subd. (b)). The amended information charged Patrick Cervantes similarly with regard to counts 1 and 2.…