People v. Sanchez CA5

INTRODUCTION

Javier Francisco Sanchez was charged with the murder of his mother. After a preliminary hearing, Sanchez entered pleas of not guilty and not guilty by reason of insanity. A jury trial followed, but Sanchez withdrew his insanity plea after the guilty verdict was read, but before the sanity phase of the trial began. He was sentenced to 40 years to life in prison. He raises three issues on appeal: (1) the trial court erred by refusing to find a prima facie case of discrimination in the prosecution’s exercise of peremptory challenges against female prospective jurors; (2) the trial court improperly allowed Sanchez to withdraw his not guilty by reason of insanity plea; and (3) his sentencing enhancement under Penal Code1 section 12022.53, subdivision (c), must be reversed because it is an included offense of subdivision (d). We affirm.

STATEMENT OF THE CASE

A complaint was deemed an information following preliminary examination on March 27, 2014. The information charged Sanchez with one count of murder (§ 187, subd. (a)). Enhancements for personal and intentional discharge of a firearm, and personal and intentional discharge of a firearm causing death, were charged…