Breceda

FACTS

In 2015, Breceda fatally stabbed Floriberto Villaseñor in the neck. The only issue at trial was whether Breceda did it intentionally or acted in self-defense. The jury resolved that issue against Breceda.

I. Pretrial

A 2016 information charged Breceda with murder (Pen. Code, § 187, subd. (a),2 count 1), and arson of another’s property (§ 451, subd. (d), count 2). The information alleged Breceda personally used a deadly weapon. (§ 12022, subd. (b)(1).) The information also alleged Breceda suffered a prior serious and violent conviction (§§ 667, subds. (d), (e)(1), 1170.12, (b), (c)(1)), and a prior prison term (§ 667.5, subd. (b)).3 After numerous pretrial motions and replacement of the assigned prosecutor, the matter was progressing toward trial in early 2020. Then the novel coronavirus upended our lives. On February 26, 2020, the County of Orange declared a local health emergency to prepare for the COVID-19 outbreak and requested Governor Gavin Newsom to declare a state of emergency.

All further statutory references are to the Penal Code.

The prosecution filed an amended information to correct count 2’s offense date.

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