P.

P. v. Guillen CA2/2

Good Law
Court of Appeal of CaliforniaMay 9, 2013B220310ACalifornia2,971 words

Opinion

Opinion

BACKGROUND

The following evidence, facts, and procedural history are summarized from our opinion in Aleman I, where they are set forth in detail and need not be repeated at length. Guillen was convicted of the first degree special circumstance murder and robbery of Efrain Leyva (Leyva), the robbery of Maria Sawyer (Sawyer), and burglary. He was sentenced to LWOP in addition to a consecutive firearm enhancement of 25 years to life, plus a consecutive five-year term for the robbery of Sawyer and a further consecutive term of 25 years to life for the use of a firearm. The trial court imposed and stayed sentences as to counts 3 and 4, as well as the remaining firearm enhancements.

Although defendant and codefendant Pedro Reyes (Reyes) had been tried separately from accomplices Alvaro Aleman (Aleman), and Elvis Jimenez (Jimenez), their appeals were consolidated, and we affirmed the judgments in a nonpublished opinion, People v. Aleman (Aug. 29, 2011, B220310) (Aleman I). The remittitur pertains only to defendant Guillen, and the judgments against Aleman, Reyes, and Jimenez remain final. 2 The evidence at trial established that Guillen, Reyes, Aleman, and Jimenez entered…

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