People v. Moeun CA1/5

I. FACTS AND PROCEDURAL HISTORY

An amended information charged Moeun in February 2014 with murder (§ 187, subd. (a)), three counts of attempted murder (§§ 187, subd. (a), 664), and shooting at an inhabited dwelling (§ 246). The information further alleged as to each count that he personally discharged a firearm causing great bodily injury and death, personally used a firearm, and inflicted great

All statutory references are to the Penal Code.

1 bodily injury (§§ 12022.53, subds. (b), (c), (d) & (g); 12022.7). A jury trial of Moeun and his four codefendants resulted in a mistrial in August 2015, with the jury deadlocked as to Moeun and a codefendant (other codefendants were convicted as charged). A. Plea and Sentence In April 2016, Moeun entered into a negotiated plea agreement by which he entered a no contest plea to voluntary manslaughter (§ 192, subd. (a); count one) and attempted murder (§§ 187, subd. (a), 664; count 3) and admitted personal firearm use as to both counts (§ 12022.53, subd. (b)). It was agreed that the remaining counts and enhancement allegations would be dismissed. The probation department’s sentencing report described the underlying incident as…