People v. Lebron CA4/3

Good Law
Court of Appeal of CaliforniaMay 19, 2022G057512ACalifornia1,367 words

Opinion

Opinion

FACTS

An information charged Lebron, Franco Viera, and Sean Vernon Struck with willful, deliberate, and premeditated attempted murder (§§ 664, subd. (a), 187, subd. (a)) (count 1); assault with a deadly weapon (§ 245, subd. (a)(1)) (count 2); and street terrorism (§ 186.22, subd. (a)) (count 3). The information alleged they committed counts 1 and 2 for the benefit of a criminal street gang (§ 186.22, subd. (b)). It further alleged Lebron suffered a prior serious and violent felony (§§ 667, subds. (d), (e)(1), 1170.12, subds. (b), (c)(1)), and a serious felony (§ 667, subd. (a)(1)). In June 2014, Lebron pleaded guilty to all counts and admitted the enhancements and his prior conviction. Lebron offered the following factual basis for his pleas and admissions: “On [February 6, 2012,] I did willfully unlawfully and knowingly aid and abet . . . Struck to take a direct but ineffectual step toward killing John Doe. When I did so it was with premeditation and deliberation with the specific intent to kill John Doe. I also aided and abetted . . . Struck to use a knife to stab John Doe. I did so knowing this would cause serious injury to him. When I committed the above acts I was an active…

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