People v. Aragon CA6

I. FACTS AND PROCEDURAL BACKGROUND

On April 27, 2009, the Monterey County District Attorney filed an amended information against Aragon and three codefendants (Roman Gasca, Samuel Aragon, and Mike Martinez). Aragon was charged with two counts of first degree murder (§ 187,

1 Unspecified statutory references are to the Penal Code. 2 Section 1170.95 has been amended and renumbered as section 1172.6. (Stats. 2022, ch. 58, § 10, eff. June 30, 2022; see also Stats. 2021, ch. 551, § 2, eff. Jan. 1, 2022.) subd. (a); counts 1 & 2), two counts of attempted first degree murder (§§ 664, 187, subd. (a); counts 3 & 4), one count of street terrorism (§ 186.22, subd. (a); count 5), one count of gang conspiracy to commit a crime injurious to the public (§ 182.5; count 6), and one count of shooting at an inhabited dwelling (§ 246; count 7). In addition, the information charged Aragon with gang allegations (§ 186.22, subd. (b)(1)) in connection with counts 1, 2, 3, 4, and 7. Shortly before Aragon’s trial was scheduled to begin, on July 22, 2010, Aragon elected (over the objection of his counsel and without a plea agreement) to plead guilty to all the counts and allegations.3 On a written waiver…