People v. Ventura CA5

INTRODUCTION

In 2017, appellant Christian Angel Ventura entered a plea of no contest to voluntary manslaughter (Pen. Code,1 § 192), robbery (§ 211), and shoplifting (§ 459.5). In addition, Ventura admitted to two criminal street gang enhancements (§ 186.22, subd. (b)(1)(B) & (C)), and that he had suffered a prior strike conviction within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). In exchange for a stipulated prison sentence of 32 years four months, Ventura agreed to cooperate with the People in the investigation and prosecution of Uriel Vasquez and Raul Cardona, Ventura’s accomplices to the crime. On January 1, 2019, Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill No. 1437) was enacted, eliminating the natural and probable consequences doctrine and amending the felony murder rule as it pertains to vicarious murder liability. In August 2020, Ventura filed a motion to withdraw his plea/request for the trial court to withdraw its assent to the plea agreement. The trial court denied Ventura’s motion. On appeal, Ventura contends the trial court abused its discretion in so doing. In supplemental briefing, Ventura further contends…