People v. Buford CA3

BACKGROUND

Buford and three codefendants were charged with attempted murder of and conspiracy to murder Baby Roe (§§ 664, 187, subd. (a), 182, subd. (a)(1)), and the following crimes against L.R.: assault with a deadly weapon (§ 245, subd. (a)(1)), robbery (§ 211), kidnapping to commit robbery (§ 209, subd. (b)(1)), and attempted robbery (§§ 664, 211). The information also alleged Buford and his codefendants committed the attempted murder willfully, deliberately, and with premeditation (§ 664, subd. (a)); the crime was a serious felony (§ 1192.7, subd. (c)); and Buford’s codefendants personally used a deadly and dangerous weapon in the crime. As to the assault on L.R., the information alleged Buford’s codefendants knew or should have known L.R. was pregnant, and inflicted injury on L.R. that resulted in the termination of her pregnancy. (§ 12022.9, subd. (a).) We dispense with a recitation of the underlying facts as this case turns on its procedural history, not the underlying facts of Buford’s crimes. The jury found Buford guilty on all counts and found the alleged enhancements true. On May 26, 2006, the trial court sentenced Buford to life with the possibility of parole for the…