P. v. Betancourt
Appellants Eddie Betancourt and Said Riley were convicted, following a jury trial, of one count of first degree murder and one count of second murder, both in violation of Penal Code section 187, subdivision (a),[1] and one count of second degree robbery in violation of section 211. The jury convicted Riley of an additional count of second degree robbery. The jury found true the special circumstance allegation that appellants were convicted of more than one offense of murder in the current proceeding within the meaning of section 190.2, subdivision (a)(3). The jury also found true the allegations that Betancourt personally and intentionally discharged a firearm, causing great bodily injury and death within the meaning of section 12022.53, subdivisions (b), (c) and (d) in the commission of the first degree murder and personally and intentionally used and discharged a firearm within the meaning of section 12022.53, subdivisions (b) and (c) in the commission of the second degree murder. The jury found the section 12022.53 allegations not true as to Riley. The jury found true as to both appellants the allegations that a principal was armed with a firearm within the meaning of section 12022, subdivision (a)(1) in the commission of the murders. The jury found the section 12022, subdivision (a)(1) allegations not true for the robberies. Riley admitted that he had suffered a prior serious felony conviction within the meaning of section 667, subdivision (a)(1) and the "Three Strikes" law, and had served a prior prison term within the meaning of section 667.5, subdivision (b).
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