People v. Brummett CA3

I. BACKGROUND

In July 2018, defendant was living in a shed in a park. He and J.S. got into an argument about that shed. While they were arguing, defendant got into a car, “chased

1 down” J.S., and “ended up running over him.” Defendant got out of his car and tried to get J.S. out from underneath. When he heard sirens, however, defendant ran. J.S. died as a result of his injuries. The People subsequently charged defendant with murder (Pen. Code, § 187, subd. (a))1 and alleged defendant personally used a nonfirearm weapon to commit the crime (§ 12022, subd. (b)(1)). The People also alleged defendant was previously convicted of two serious felonies. Defendant subsequently negotiated a plea agreement, pursuant to which the People amended the murder charge to a charge of voluntary manslaughter (§ 192, subd. (a)) and added a charge for hit-and-run resulting in permanent injury or death (Veh. Code, § 20001, subd. (b)(2)). In October of 2019, defendant pled guilty to the charges as amended and admitted the allegation he was convicted of a prior serious felony (§ 667, subd. (a)), which he admitted was also a strike offense (§§ 1170.12, subd. (b), 667, subd. (d)). Defendant waived…