People v. Street CA1/4

BACKGROUND

Street was charged by amended information with one count of murder (Pen. Code,1 § 187, subd. (a)). He pled no contest to

1 All undesignated statutory references are to the Penal

Code. second degree murder in exchange for a maximum sentence of 15 years to life. The following “confession and stipulation to factual basis” was submitted in connection with his plea: “I, Daniel Anthony McKeever Street, do hereby confess and stipulate, under penalty of perjury, to the following facts: [¶] I was not the actual killer of Darryl Huckaby. I did not shoot him, someone else did. However, I admit that I was an aider and an abettor in Mr. Huckaby’s murder, and further admit that I was a major participant in the murder, acting with reckless indifference to human life. I acted with malice aforethought in aiding and abetting the actual killer of Mr. Huckaby.” Street’s signed plea form indicates that restitution would be “reserved.” In taking his plea, the court advised Street: “We’re going to reserve restitution, which means that restitution—an amount may be submitted. If it is imposed or requested, you have the right to have a hearing to make sure it is both reasonable and related to…