People v. Denegal CA3

I. BACKGROUND

In 2014, defendant shot and killed Jesus Mendoza. Defendant was charged with voluntary manslaughter (Pen. Code, § 192, subd. (a)),1 shooting at an inhabited vehicle (§ 246), and possession of a firearm by a minor (§ 29610). For the first two counts it was also alleged defendant personally used a firearm (§ 12022.5, subd. (a)), and for the second count that he personally discharged a firearm and caused death or great bodily injury (§ 12022.53, subd. (b)-(e)). On April 24, 2020, defendant pled no contest to voluntary manslaughter and admitted the allegation he personally used a firearm. The remaining allegations were dismissed. The probation report dated July 8, 2020, stated defendant “was advised that he is welcome to have family and friends submit letters regarding his character to be included with this report,” but no letters were included. The report also recommended defendant pay fines and fees, including “restitution to the Victim’s family, in an amount to be established by the Court after a recommendation by the Probation Officer. The restitution matter is continued for 90 days pending the recommendation of the Probation Officer.” The sentencing hearing was…