People v. Martinez CA2/2

BACKGROUND

I. Indictment

In May 2017, a grand jury indicted defendant and five others on charges of premeditated and deliberated murder (§ 187; count 1) and attempted murder (§§ 664, 187; counts 2, 3, & 4). Defendant was also charged with unlawful possession of a firearm by a felon. (§ 29800, subd. (a)(1); count 20.) As to the murder and attempted murder charges, the indictment alleged that one of defendant’s confederates personally and intentionally fired a handgun causing death; for defendant and the remaining codefendants, the indictment only alleged that a principal shot the victim to death. (§ 12022.53, subd. (d).) Lastly, as relevant here, the indictment alleged that the murder and attempted murders were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)).

II. Plea and Sentence

On February 27, 2020, the parties agreed to a negotiated disposition. The information was amended to add one count for voluntary manslaughter (§ 192, subd. (a); count 22); defendant pled guilty to that charge and to unlawful possession of a firearm by a felon. He also admitted to the gang enhancement allegation.

All further references are to the Penal Code…