People v. Carmona CA2/2

BACKGROUND

In 2015, defendant and codefendant Vincent Anthony Estrada were charged with murder (§ 187, subd. (a)) and attempted murder (§§ 187, subd. (a), 664), and a preliminary hearing was conducted in July and August 2015. Firearm enhancements were alleged as to both counts within the meaning of sections 12022.53, subdivisions (b), (c) and (d). The second amended information added a count (count 4) of voluntary manslaughter (§ 192, subd. (a)) and alleged defendant personally used a firearm in the commission of the offense within the meaning of section 12022.5, subdivision (a), and the crime was committed for the benefit of and in association with a criminal street gang.2 Defendant entered into a plea agreement the same day, pleading no contest to voluntary manslaughter and admitting the firearm and gang allegations in exchange for a 25- year prison sentence. The 25-year term was comprised of 11 years for manslaughter, plus four years for the firearm

All further unattributed code sections are to the Penal Code unless otherwise stated. A first amended information was filed earlier on April 20, 2016, but was recalled after the second was filed.

2 enhancement, and 10…