People v. Tiznado CA5

BACKGROUND

On October 19, 2019, defendant attacked his mother with a hammer, apparently while he was experiencing a bout of methamphetamine induced paranoia. Defendant’s mother died as a result of the attack. On October 21, 2019, a felony complaint was filed against defendant. The complaint alleged a single count of first degree murder in violation of Penal Code section 187, subdivision (a).1 The complaint included a deadly weapon enhancement under section 12022, subdivision (b)(1). On November 29, 2023, defendant changed his plea and pled guilty to first degree murder and admitted the deadly weapon enhancement. Defendant pled guilty pursuant to a plea bargain. The plea bargain provided in relevant part that the sentence on the deadly weapon enhancement would be stayed. On January 4, 2024, a sentencing hearing was held. The trial court sentenced defendant to 25 years to life for the first degree murder offense and one year on the deadly weapon enhancement. In accordance with the plea bargain, the court stayed the one-year sentence for the deadly weapon enhancement. On March 1, 2024, the Fresno County Superior Court received defendant’s notice of appeal. The notice included a…