People v. Godinez-Gonzales CA1/5

I. FACTS AND PROCEDURAL HISTORY

A March 2016 information charged Godinez-Gonzales, Edgar Contreras, and Isidro Lopez Bernal (collectively, defendants) with murder (§ 187), alleging a special circumstance that the murder was committed during a robbery (§ 190.2, subd. (a)(17). The information also charged the

All statutory references are to the Penal Code. 1 defendants with second degree robbery (§§ 211, 212.5, subd. (c)). In addition, the information alleged that defendants personally and intentionally discharged firearms during the commission of the crimes (§ 12022.53, subd. (c)) and personally and intentionally discharged firearms proximately causing the victim’s death (§ 12022.53, subd. (d)). A. Preliminary Hearing, Plea, and Sentence According to the preliminary hearing testimony, the defendants went to a marijuana “grow site” to steal marijuana plants. All three defendants were armed. As Godinez-Gonzales and Contreras trimmed and bundled marijuana leaves, a voice told them to stop. Gunshots followed and the defendants fled, firing their guns as they ran. At the grow site, police later found the dead body of the defendants’ victim. He had been shot, and there was a…