People v. Lukata CA2/7

INTRODUCTION

Anthony Lukata appeals from a judgment sentencing him to 12 years in state prison, comprised of the upper term of 11 years for voluntary manslaughter plus one year for a weapons use enhancement. Lukata contends the trial court abused its discretion at sentencing because it relied on facts not found by the jury and ignored the presumption in favor of the lower term sentence. We conclude the trial court did not abuse its discretion and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Background On November 18, 2017, Lukata beat Roderick White with a crowbar and stabbed him multiple times with a knife. White died from his injuries. On November 29, 2017, White’s body was discovered in the desert in Kern County wrapped in a garbage bag. Lukata was arrested on February 22, 2018. Lukata confessed to the crime at trial. White was killed in a home in Reseda owned by Yocasta Maldonado, whom Lukata had been told had connections to a Mexican drug cartel. Maldonado lived in the home with her boyfriend Jose Chaidez, her tenant Jordan James, and her brother-in-law Anthony Nava. Maldonado and Nava helped clean the crime scene and dispose of the body. Each pleaded guilty to being an…