People v. Vivero CA5

FACTS

In June 2016, an amended information charged Vivero with murder (§ 187, subd. (a); count I) and attempted robbery in the first degree (§§ 664, 212.5; count II) and alleged the special circumstance that the murder was committed in the course of an attempted robbery (§ 190.2, subd. (a)(17)). The amended information further alleged as to both counts that Vivero personally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)) and had two prior serious or violent felony convictions (§ 667, subd. (d)) that were also prior serious felony convictions within the meaning of section 667, subdivision (a). On November 12, 2019, Vivero pleaded no contest to first degree murder and admitted one prior serious felony conviction enhancement, resulting in a recommended sentence of 30 years to life as part of an agreement with the prosecutor. Vivero’s attorney stipulated that the preliminary hearing transcript provided the factual basis for the plea and that, at a prior court hearing, Vivero had admitted that he killed the victim. Vivero accepted the stipulation to the factual basis with the addition of his admission. The trial court sentenced Vivero to a total term of 30…