People v. Romero CA4/3

BACKGROUND

Defendant and a codefendant were charged in an information with one count of first degree murder. (Pen. Code, § 187, subd. (a).) The information alleged the murder occurred during the commission or attempted commission of robbery, kidnapping, and burglary (id., § 190.2, subd. (a)(17)(A), (B) & (G)), and that defendant and the codefendant personally and intentionally discharged firearms during the commission of the crimes, causing great bodily injury or death (id., § 12022.53, subd. (d)). The People sought to use the codefendant’s statement against defendant at trial, and therefore moved to sever their trials. The motion was granted, and the codefendant was found guilty. After defendant’s trial began, he pled guilty to first degree murder, pursuant to a negotiated plea agreement. All sentencing enhancement allegations were dismissed as part of the plea agreement. As a factual basis for the plea, the trial court accepted the following statement from defendant: “In Orange County, California, on June 5, 2000 I

2 participated in an armed robbery with Gladys Romero. During that robbery Juan Gomez was shot and died from his injuries.” Pursuant to the plea agreement, the…