People v. Espinoza CA4/3

FACTS

Espinoza was charged with murder (§ 187, subd. (a)), conspiracy to commit murder (§ 182, subd. (a)(1)), and (as later interlineated) voluntary

All further statutory references are to this code.

2 manslaughter (§ 192, subd. (a)), arising out of the killing of Elizabeth Begaren in January 1998. The indictment also alleged that Espinoza personally used a firearm in the commission of the offense. (§ 12022.5.) On September 9, 2016, Espinoza pleaded guilty to voluntary manslaughter pursuant to section 192, subdivision (a), and he admitted he had personally used a firearm in the commission of that offense. As part of his plea agreement, Espinoza admitted that on “January 17, 1998 while under the influence of heat of passion,” he “did willfully and with intent to kill did shoot Elizabeth Wheat Begaren at the behest of Nuzzio Begaren.” The prosecution dismissed the balance of the indictment, and the court sentenced Espinoza to a term of 21 years: 11 years for the manslaughter, plus 10 years for the personal use of a firearm. In June 2023, Espinoza filed a petition for resentencing under section 1172.6 and requested appointment of counsel. The prosecution filed a response to…