People v. Carachure CA4/3

I.

FACTS AND PROCEDURAL BACKGROUND

In 2013, Carachure was a member of a gang. A witness saw Carachure and one or two other young males chasing a rival gang member through a park. The rival gang member was stabbed in the back numerous times, which resulted in his death.

1 Assembly Bill No. 200 (Reg. Sess. 2021–2022) has since renumbered section 1170.95 as section 1172.6. (See Stats. 2022, ch. 58, § 10.) For clarity, we will generally refer to section 1172.6 in this opinion. All undesignated statutory references are to the Penal Code.

2 In 2014, the People filed an information charging Carachure with murder and active participation in a criminal street gang. The People further charged a gang-murder special circumstance allegation, a gang sentencing enhancement, and a personal use of a weapon enhancement. The People further alleged two prison priors. In 2015, the jury found Carachure guilty of first degree murder and active gang participation. The jury found true the gang-murder special circumstance allegation and the gang enhancement. The jury did not find true the personal use of a weapon enhancement. The trial court found true the prison priors and sentenced Carachure to life…