Barao

Defendant Rammel Barao shot and killed Juan Carlos Lorenzo. An information jointly charged defendant and a codefendant with murdering Lorenzo in the course of robbing him (Pen. Code, §§ 187, 190.2, subd. (a)(17)(A); count l) and with the robbery of Lorenzo and Lorenzo’s companion, Domingo Moyotl (§211; counts 2 & 3). Each of these three counts alleged defendant personally used a firearm. (§ 12022.53, subd. (d).) Defendant was also charged with possession of a firearm by a previously convicted felon (§ 12021, subd. (a)(1); count 4) and unlawful possession of ammunition (§ 12316, subd. (b)(1); count 5). The information further alleged defendant had previously been convicted of two serious felonies for purposes of the “Three Strikes” law (§§ 667, subd. (a), 1170.12, subd. (b)), and that he had served a prior prison term (§ 667.5, subd. (b)).

Defendant pleaded not guilty. However, prior to trial, the prosecutor and the defendant sought the court’s approval of a plea bargain. Under the proposal, the prosecutor would amend the information by charging defendant with voluntary manslaughter instead of murder, defendant would plead guilty to that charge, and he would admit the gun…