People v. Smith CA5

BACKGROUND

In an amended information filed on April 26, 2023, the Kern County District Attorney charged defendant with willful, deliberate and premeditated murder (count 1, Pen. Code,1 § 187, subd. (a)) with a deadly weapon enhancement (§ 12022, subd.(b)(1)); arson of an inhabited structure (count 2, § 451, subd.(b)); and reckless evasion of a peace officer (count 3, Veh. Code, § 2800.2).) The amended information also alleged several sentencing factors under California Rules of Court, rule 4.421 (rule 4.421). A jury convicted defendant of second degree murder, finding the premeditation/deliberation allegation not true. The jury also convicted defendant of arson and reckless evading of a peace officer. The jury found the deadly weapon enhancement true. Defense counsel agreed to a court trial of the sentencing allegations. At the court trial, the court found true beyond a reasonable doubt three sentencing allegations: that count 1 involved great violence, great bodily harm, or cruelty, etc. (rule 4.421(a)(1)), that defendant used a weapon (rule 4.421(a)(2)) as to count 1,2 and that the manner in which

Subsequent statutory references are to the Penal Code unless otherwise…