People v. Cabrera CA2/4

BACKGROUND

On April 8, 2015, the Los Angeles County District Attorney filed an information charging defendant and three co-defendants with the murders of Austin Seng and Chamreun Kong (§ 187, subds. (a); counts 1-2) and attempted premeditated murder of Sovannkoma Tes (§§ 664/187, subd. (a); count 3). On all three counts, the information alleged various gang and firearm enhancements (§§ 186.22, subd. (b)(1)(C), 12022.53, subds. (b)- (d), (e)). On April 23, 2019, as part of a negotiated disposition, the prosecution orally amended the information to charge defendant with voluntary manslaughter of Austin Seng (§ 192, subd. (a); count 4) with an attached gang allegation (§ 186.22, subd. (b)(1)(C). Defendant entered a no contest plea to that offense, admitted the gang enhancement allegation, and entered a Harvey waiver as to counts 2 and 3.2 The court accepted the plea, found

1 Subsequent unspecified references to statutes are to the Penal Code. 2 A waiver entered pursuant to People v. Harvey (1979) 25 Cal.3d 754, allows the trial court to consider facts underlying dismissed counts when determining an appropriate disposition for the offense of

2 a factual basis for it, and…