People v. Zarut CA1/2

BACKGROUND

I. Procedural Background An amended information filed on October 4, 2023, charged Zarut with murder (Pen. Code,1 § 187, subd. (a)), with allegations that he personally

Further statutory references will be to the Penal Code.

1 used a deadly weapon (§ 12022, subd. (b)(1).)2 The information alleged six aggravating circumstances (Cal. Rules of Court,3 rule 4.421). A jury found Zarut not guilty of murder but guilty of the lesser offense of voluntary manslaughter (§ 192, subd. (a)) and found true the allegation that Zarut personally used a deadly weapon. The jury found true three of the alleged aggravating circumstances: that “the crime involved great violence, great bodily harm, threat of great bodily harm or other acts disclosing a high degree of cruelty, viciousness, or callousness” (rule 4.421(a)(1)), that Zarut “was armed with or used a weapon at the time of the crime” (rule 4.421(a)(2)) and that Zarut “engaged in violent conduct which indicates a serious danger to society” (rule 4.421(b)(1)).4 At sentencing on November 3, 2023, the trial court struck the arming enhancement5 and sentenced Zarut to the upper term of 11 years. He filed a timely notice of appeal on…