People v. Swanson CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural background On September 26, 2022, the Monterey County District Attorney filed a first amended information charging Swanson with one felony count of attempted carjacking

1 Goolsby II considered, as directed by the California Supreme Court in People v. Goolsby (2015) 62 Cal.4th 360 (Goolsby I), whether retrial on a lesser related offense was barred by double jeopardy principles. (Goolsby I, at p. 368.) 2 Unspecified statutory references are to the Penal Code. 2 (§§ 664, 215, subd. (a); count 1); one felony count of unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a); count 2); one felony count of receiving a stolen motor vehicle (§ 469d, subd. (a); count 3); two felony counts of evading an officer (Veh. Code, § 2800.2, subd. (a); counts 4, 6); two felony counts of evading an officer against traffic (Veh. Code, § 2800.4; counts 5, 7); and one misdemeanor count of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 8). The information further alleged that, as to count 1, Swanson was on bail at the time of the offense (§ 12022.1, subd. (b)), and as to counts 2 and 3, Swanson had a prior…