People v. Verdin CA4/3

FACTS

I.

THE INFORMATION

In August 2007, an amended information charged Verdin with conspiracy to commit murder, the premeditated and deliberate attempted murders of Jorge C., M.C., and A.M., and other offenses.2 The information contained various enhancement allegations, including that Verdin personally discharged a firearm in committing the attempted murder of Jorge

1 Undesignated statutory references are to the Penal Code.

2 As to the attempted murders, the information alleged that Verdin “did willfully and unlawfully, and with premeditation, deliberation, and the specific intent to kill, attempt to murder” the three victims. 2 (§ 12022.53, subd. (c)), and that he personally used a firearm in committing 3 all three attempted murders (§ 12022.5, subd. (a)).

II.

MISTRIAL AND GUILTY PLEA

Following a trial, the jury was unable to reach unanimous verdicts on any of the charges, and the trial court declared a mistrial. In October 2007, the parties reached a plea agreement, and Verdin pleaded guilty to the attempted murders (without the premeditation and deliberation 4 allegations) and another offense not relevant here. He also admitted the firearm allegations noted above. As…