People v. Begley CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

The underlying facts are set forth in our opinion in Begley’s direct appeal. Briefly, in February 2010, Begley entered a guitar shop in Rohnert Park, stabbed the owner, Taku Sakashita, to death, and stole Sakashita’s property. A few days later, when the police attempted to arrest Begley, he led them on a high-speed chase before he was apprehended. Several months later, the jury convicted Begley of first degree murder, second degree robbery, second degree burglary, recklessly evading an officer, and resisting an officer.2 The jury found true the special circumstances that the murder occurred during a robbery and a burglary. It also found true that Begley personally used a deadly and dangerous weapon during the murder and the robbery and personally inflicted great bodily injury (GBI) during the robbery and the burglary.3 In October 2010, after finding that Begley served two prior prison terms under former section 667.5(b), the trial court sentenced him to six years in prison plus LWOP. The determinate sentence was composed of three years for evading an officer, a consecutive term of one year for the weapon enhancement accompanying the murder,…