P.

BACKGROUND

In December 2009, Marylou O., defendant’s girlfriend, was at home with her two

children while defendant was in custody. Josh lived in the residence also and was present

when two men and a girl came to the residence looking for Josh because Josh owed them

money. The men claimed to be members of the Verdugo gang and had guns. The

All further statutory references are to the Penal Code unless otherwise specified.

2 robbers put Marylou’s children in a closet. Then the robbers made Marylou load a

television, computer, and camera into suitcases, put the property into her car, and made

her drive them around Rialto until they located people in another car who took the

property. The robbers did not take Josh with them, but Josh ran after them. Josh came

back to Marylou’s that night and told her everything would be all right. Right after that

incident, Marylou kicked Josh out of the residence. On January 15, 2009, defendant was

released from custody; he was upset and blamed Josh when he learned of the home

invasion robbery.

In the meantime, Christina, whose nickname is “Gemini,” wanted to find Josh

because Josh had become the boyfriend of Elise, Christina’s…