People v. Soth CA6

FACTS AND PROCEDURAL HISTORY

We briefly discuss the facts and procedure regarding the murder case for background information only, since the plea and sentence in this case were part of a package deal that resolved both cases. The murder case is not before us in this appeal.

Case No. C1108759 – the Murder Case

In June 2011, the prosecution filed a felony complaint in Santa Clara County Superior Court case No. C1108759 charging defendant and three others with four offenses (hereafter “the murder case”).1 Count 1 alleged that in March 2011, defendant murdered (§ 187) Jeffrey Melanio. The complaint contained the following enhancement allegations: (1) in committing the murder, defendant “personally and intentionally” discharged a handgun (§ 12022.53, subds. (b), (c), & (d)); (2) defendant committed the murder for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)); (3) defendant had one prior conviction for residential burglary that was a strike under the Three Strikes

1 This complaint is not in the record on appeal in this case. On our own motion, we take judicial notice of the record filed in People v. Jimmy Nguyen, Sixth District Court of Appeal case No. H038149,…