People v. Valenzuela CA2/2

FACTS AND PROCEDURAL BACKGROUND

Defendant has a twin brother, and the People charged defendant’s twin with murder (§ 187, subd. (a)), several counts of second degree robbery (§ 211), several counts of assault with a semiautomatic weapon (§ 245, subd. (b)), and several counts of being a felon in possession of a firearm and ammunition (§§ 29800, subd. (a)(1) & 30305, subd. (a)(1)). The People charged defendant with being a felon in possession of a firearm and with being an accessory after the fact. The charges against defendant are based on (1) a witness’s statement to police that she saw defendant hand his brother a “shiny” object prior to the shooting, and that the gun the brother used to kill his murder victim was “shiny,” and (2) defendant’s admission that his brother handed him a “strap” after shooting the murder victim, told him it was “hot,” and told defendant to get out of the area. Prior to any preliminary hearing, defendant entered an “open plea” to both counts with no assurance of any particular sentence from the trial court.2 He also admitted that he was previously convicted of grand theft. (§ 487, subd. (d)(1).) The trial court sentenced defendant to prison for three…