P. v. Delvillar CA5
Hector Joaquin Rocha, Jr., Philip Lopez, Jr., and Angel Delvillar (together appellants) were all charged with first degree murder of Julio Jimenez (Pen. Code, § 187, subd. (a); count 1), robbery of an inhabited dwelling (§ 212.5, subd. (a); count 2), and robbery of Corina Vargas (§ 211; count 3). It was alleged the murder was committed during the course of a robbery and that all appellants were principals in the robbery (§ 189). It was further alleged that Lopez was at least 16 years old at the time of the offense. (Welf. & Inst. Code, § 707, subd. (d)(1).) As to the robberies, it was alleged that they were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)); and that a principal in the robberies personally discharged a firearm causing the death of Jimenez (§§ 12022.7, 12022.53, subds. (d), (e)(1)). On February 8, 2013, a jury convicted appellants as charged.
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