The People v. Carvajal CA2/2

BACKGROUND

Procedural history Defendant was charged with the murder of Juan Ocegueda (Ocegueda),1 in violation of Penal Code section 187, subdivision (a).2 The information specially alleged pursuant to section 186.22, subdivision (b)(1)(C), that defendant committed the crime for the benefit of, at the direction of, and in association with a criminal street gang, with the specific intent to promote, further and assist in criminal conduct by gang members; and that defendant personally used a deadly weapon, a knife, within the meaning of section 12022, subdivision (b)(1). The information further alleged that defendant had served a prior prison term as described in section 667.5, subdivision (b). A jury found defendant guilty of first degree murder and found true the gang allegation, but found not true the deadly weapon allegation. On January 6, 2012, after the prosecutor chose not to proceed on the prior prison term allegation, the trial court sentenced defendant to 25 years to life in prison, plus an additional 10 years due to the

The victim’s name is apparently misspelled in the information, as his sister, Elizabeth Ocegueda, testified that the spelling of her surname was…