Ocobachi

BACKGROUND

2007 conviction In 2006 defendant and five codefendants were accused of murder based on a shooting during a fight in a pool hall. All were indicted for murder, and codefendant Joseph Bonilla was alleged to have personally and intentionally discharged a firearm, proximately causing great bodily injury and death to the victim, Alfredo Briano. Defendant and the other four codefendants were not accused of firing the gun. The indictment alleged pursuant to section 182.22, subdivision (b)(1) that count 1 was committed to benefit a gang, and pursuant to section 12022, subdivisions (d) and (e)(1) that a principal used a firearm in the commission of the crime. In 2007, defendant and his codefendants (except Joseph Bonilla)3 entered into a plea agreement to an amended indictment and each pled no contest to voluntary manslaughter in violation of section 192, subdivision (a) (count 1) and an added count, assault by means of force likely to produce great bodily injury in violation of section 245, former subdivision (a)(1)4 (count 2). In addition, they each admitted the gang allegation and the allegation that a principal used a firearm in the commission of

The codefendants…