P. v. Berrouet
On August 27, 2008, a third amended felony complaint charged defendant and appellant Jeffrey Berrouet and codefendant Dudzai Prosper Pswatai with (1) murder of Robert Mastrangelo (the victim) under Penal Code[1] section 187, subdivision (a) (count 1); (2) kidnapping of the victim under section 207, subdivision (a) (count 2); and (3) second degree robbery of the victim under section 211 (count 3). The complaint also charged codefendant Pswatai with solicitation of murder under section 653f, subdivision (b). Moreover, the complaint alleged that counts 1, 2, and 3 were committed for the benefit of, at the direction of, or in association with a criminal street gang, within the meaning of section 186.22, subdivision (b)(1)(C). The complaint further alleged that, with respect to counts 1, 2, and 3, a principal personally used a firearm, a handgun, under section 12022.53, subdivisions (b) and (e)(1); a principal personally and intentionally discharged a firearm, a handgun, under section 12022.53, subdivisions (c) and (e)(1); and a principal personally and intentionally discharged a firearm, a handgun, which proximately caused great bodily injury and death to the victim under section 12022.53, subdivisions (d) and (e)(1).
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