People v. Cunningham CA4/3

FACTS

Original Proceedings In October 2011, the Orange County District Attorney filed an information alleging that Cunningham killed Jason Williams in December 2004. Cunningham was charged with one count of murder (§ 187, subd. (a)). Two enhancements were alleged: personal discharge of a firearm causing the victim’s death (§ 12022.53, subd. (d)), and the special circumstance of murder during a robbery (§§ 190.2, subd. (a)(17)(A), 211, 212.5). On the day set for trial in 2012, Cunningham entered a guilty plea to count one in exchange for dismissing both enhancements, which removed the possibility of a sentence of life without parole.

1 Subsequent statutory references are to the Penal Code.

2 2 On the plea agreement form, also known as the Tahl form, Cunningham stated the following facts as the basis for his plea: “[O]n 12/17/04, in Orange County myself and Winston Miller, aka: Wink, ‘Dwayne Thompson,’ set out to rob Jason Williams. During the robbery the loaded gun I was holding accidentally went off and shot [and] killed Jason Williams. I took his money and cell phone while Winston Miller drove away. I intended to rob Mr. Williams that night and I knew I was holding a loaded…