People v. Moreno CA6

I. INTRODUCTION

On May 9, 2013, an information was filed charging defendant Roger Moreno with willful, deliberate, and premeditated attempted murder (count 1; Pen. Code, §§ 664, 187, subd. (a))1 involving the personal infliction of great bodily injury under circumstances of domestic violence (§ 12022.7, subd. (e)) and personal use of a knife (§ 12022, subd. (b)); criminal threats (count 2; § 422, subd. (a)); kidnapping (count 3; § 207, subd. (a)); and dissuading a witness from reporting a crime (count 4; § 136.1, subd. (b)(1)), all arising out of conduct involving the same victim on January 29, 2013. On August 8, 2013, by plea agreement, the prosecutor moved to strike the allegations that the attempted murder was willful, deliberate, and premeditated, and defendant pled no contest to attempted murder and dissuading a witness and admitted his personal use of a knife, in anticipation of a sentence ranging from felony probation to up to 10 years in prison.

1 Unspecified section references are to the Penal Code. At sentencing on September 19, 2013, after hearing from the victim, her grandfather, and defendant, the trial court imposed the maximum possible sentence, consisting of the…