People v. Sisneros CA3

BACKGROUND

On August 8, 2003, the People filed an amended information charging defendant in count 1 with murder (§ 187) and in count 2 with participation in a criminal street gang (§ 186.22, subds. (a) & (e)(1)). In conjunction with count 1, it was further alleged as special circumstances that defendant committed murder while lying in wait (§ 190.2, subd. (a)(15)) and to further the activities of a criminal street gang (§ 190.2, subd. (a)(22)). It also was alleged that defendant personally and intentionally discharged a firearm to proximately cause great bodily injury and death (§ 12022.53, subd. (d)) and committed the crime to promote criminal activity by street gang members (§ 186.22, subd. (b)(1)). On April 21, 2004, pursuant to a plea agreement, the prosecution revised the information, amending count 1 to allege attempted murder (§§ 664, subds (a) & (f), 187), amending count 1 to include a firearm enhancement (§ 12022, subd. (a)(1)), and adding a charge of second degree robbery (§ 211; count 3). That same day, defendant pleaded guilty to amended counts 1 and 3, as well as unamended count 2. He also admitted

2 sentencing enhancements pursuant to sections 186.22, subdivision…