People v. Malone CA5

INTRODUCTION

In 1999, petitioner Chavonne Marie Malone pled nolo contendere to the first degree murder of Walter P.1 (Pen. Code,2 § 187; subd. (a); count 5), the first degree murder of Glenn N. (§ 187, subd. (a); count 9), and the attempted murder of Terry S. (§§ 187, subd. (a), 664; count 1).3 As to count 5, petitioner admitted the special circumstances that petitioner had been convicted of more than one offense of murder in the first or second degree (§ 190.2, subd. (a)(3)) and that petitioner committed the murder while engaged in the commission or attempted commission of robbery (§ 190.2, subd. (a)(17)(A)) and kidnapping (§ 190.2, former subd. (a)(17)(ii)).4 As to count 9, petitioner admitted that petitioner committed the murder while engaged in the commission or attempted commission of robbery (§ 190.2, subd. (a)(17)(A)), burglary (§ 190.2, subd. (a)(17)(G)), carjacking (§ 190.2, former subd. (a)(17)(xii)), and a firearm enhancement (§ 12022.5, subd. (a)).5 As to count 1, petitioner admitted a firearm enhancement pursuant to section 12022.5, subdivision (a). As to count 9, the trial court sentenced petitioner to a term of life without the possibility of parole and imposed a…