People v. Villavalzo CA2/4

Filed 8/18/21 P. v. Villavalzo CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B305913

Plaintiff and Respondent, Los Angeles County Super. Ct. No. TA148260 v.

EUGENIO VILLAVALZO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael Shultz, Judge. Affirmed. Sharon Fleming, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION AND PROCEDURAL BACKGROUND

The Los Angeles County District Attorney filed an amended complaint charging defendant and appellant Eugenio Remigio Villavalzo with two counts of murder (Pen. Code,1 § 187; counts 1 [victim Jason Zapata] and 2 [victim Jonathan Sanchez Flores]), two counts of conspiracy to commit murder (§ 182, subd. (a)(1); counts 3 and 4), unlawful possession of a firearm (§ 29820, subd. (b); count 5), possession of a controlled substance for sale (Health and Saf. Code, § 11375, subd. (b)(1); count 6), misdemeanor possession of a controlled substance (Health and Saf. Code, § 11350; count 7), two counts of voluntary manslaughter (§ 192, subd. (a); counts 8 [victim Jason Zapata] and 9 [victim Jonathan Sanchez Flores]), and second-degree robbery (§ 211; count 10). The information also charged special circumstances with respect to counts 1 and 2, alleging Villavalzo committed multiple murders (§ 190.2, subd. (a)(3)), and the homicides were committed while the defendants were engaged in the commission of robbery (§ 190.2, subd. (a)(17)(A)). It further alleged Villavalzo personally used a firearm in the commission of counts 1 and 2 (§ 12022.53, subds. (b), (c) & (d)), personally used a firearm in the commission of counts 8 and 9 (§ 12022.5, subd. (a)), and sustained a prior serious felony conviction (§ 667, subd. (a)(1)) as well as a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)- (d)).2