P. v. Marquez
A jury convicted defendants Cynthia Marquez and Luciano Rivera of first degree robbery in concert (Pen. Code,[1] §§ 211/213, subd. (a)(1)(A), count 1) and first degree burglary (§ 459/460, count 2), and found true the special allegations that defendants were armed with a firearm in committing the robbery (§ 12022.53, subds. (b) & (e)(1)), they committed the offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)), and Rivera personally used a firearm in connection with count 2 (§ 12022.5, subd. (a)).
The jury also found Rivera guilty of four other offenses: assault by means likely to cause great bodily injury (§ 245, subd. (a), count 5) and battery causing serious bodily injury (§ 243, subd. (d), count 6) involving victim Antonio Perez; and assault (§ 240, count 7) and battery (§ 242, count 8) involving victim Mark Kaczmarczyk. The jury found true the special allegations appended to counts 5 and 6 that Rivera committed the offenses for the benefit of a criminal street gang. (§ 186.22, subd. (b).) The jury also found true the special allegation appended to count 5 that Rivera personally inflicted great bodily injury on Perez within meaning of section 12022.7, subdivision (a), and found true the special allegation appended to count 6 that Rivera personally inflicted great bodily injury on Perez within meaning of section 1192.7, subdivision (c)(8). The jury also found true the special allegation appended to count 7 that Rivera committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)). In a bifurcated proceeding, Rivera admitted the allegations that he had a prior serious felony conviction (§ 667, subd. (a)(1)) and a prior strike conviction (§ 667, subds. (b)-(i)).
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