People v. Payne CA2/4

BACKGROUND

I. Conviction

On November 19, 1992, the People filed an information charging appellant and codefendant Samuel Braccey with the June 1992 murder of William Gillard (§ 187, subd. (a)). The information also charged Braccey with the attempted murder of Michael Gillard (§§ 187, subd. (a), 664). It alleged that appellant personally used a firearm during the murder, and Braccey personally used a firearm during the attempted murder. (§ 12022.5, subd. (a).) On August 12, 1993, appellant pled guilty to first degree murder and admitted the firearm allegation. The trial court sentenced him to 25 years to life for the murder plus a consecutive term of three years for the enhancement. Appellant was 18 years old at the time of the crimes and 19 years old at the time of his plea and sentence.

Effective June 30, 2022, former section 1170.95 was renumbered to section 1172.6 with no change in text. (Stats. 2022, ch. 58, § 10.) All further undesignated statutory references are to the Penal Code.

2 The only information in the appellate record regarding the factual circumstances of the crimes is contained in a post- sentence probation report dated August 25, 1993. The probation…