People v. Sawyer CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In April 2023, defendant entered the victim’s home and shot her in the head, killing her. Defendant fled the victim’s home in the victim’s truck. Defendant was charged with murder with a special circumstance that the murder was committed during the commission of a robbery (Pen. Code, §§ 187, subd. (a), 190.2,

1 subd. (a)(17)(G)) [statutory section citations that follow are to the Penal Code], count 1); two counts of being a felon in possession of a firearm (§ 29800, subd. (a), counts 2 & 5); vehicle theft with a prior conviction for vehicle theft (§ 666.5, subd. (a); Veh. Code, § 10851, subd. (a), count 3); and first degree burglary of an occupied dwelling (§§ 459, 667.5, subd. (c)(21), count 4). A firearm enhancement was also alleged as to count 1. (§ 12022.53, subd. (d).) In February 2024, defendant pleaded guilty to second degree murder and admitted the firearm enhancement (§ 12022.53, subd. (d)). As part of the plea agreement the prosecutor asked the trial court to dismiss the remaining allegations, but the court did not address the request and failed to do so. Defendant agreed to an aggregate prison sentence of 40 years to life, as…