People v. Bravo CA4/1

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Plea Agreement In 2017, the People charged Bravo, along with codefendant Jonathan

Gonzalez,2 of unlawfully murdering Jose Ortiz in violation of section 187, subdivision (a). In an amended complaint, filed in March 2018, they further alleged that Bravo personally used a firearm, to wit: a revolver or rifle, in the commission of the murder. At the preliminary hearing, defense counsel asserted the evidence “more closely fits into a voluntary manslaughter-type situation.” The trial court acknowledged Bravo was not the actual killer but found sufficient cause to believe he was nevertheless guilty of murder and held both he and Gonzalez to answer. Following the preliminary hearing, Bravo pled guilty to voluntary manslaughter and admitted that he personally used a firearm in violation of section 12022.5, subdivision (a), in exchange for a stipulated sentence of 21 years in prison. On the plea form, he stated that he “aided and abetted

All further statutory references are to the Penal Code. Assembly Bill No. 200 (Stats. 2022, ch. 58, § 10) renumbered section 1170.95 to 1172.6, effective June 30, 2022. We cite to the current statute…