People v. Allen CA4/2

STATEMENT OF FACTS

The following facts are taken from the factual basis for petitioner’s guilty plea.

In 2008, petitioner participated in the carjacking and kidnapping of an 85-year-old

man. She was also “involved” in his death, intentionally but without malice. An

accomplice was armed with a firearm.

Effective June 30, 2022, Penal Code section 1170.95 was renumbered section 1172.6. (Stats. 2022, ch. 58, § 10.)

All further statutory citations are to the Penal Code.

2 II

STATEMENT OF THE CASE

A. Petitioner’s Guilty Plea to Voluntary Manslaughter.

In 2012, petitioner was charged with murder (§ 187, subd. (a)), with robbery-

murder and kidnapping-murder special circumstances (§ 190.2, subds. (a)(17)(A),

(a)(17)(B)) and an armed principal enhancement allegation (§ 12022, subd. (a)(1)); and

carjacking (§ 215).

In 2016, pursuant to a plea bargain, petitioner pleaded guilty to voluntary

manslaughter (§ 192, subd. (a)), with an armed principal enhancement; carjacking; simple

kidnapping (§ 207, subd. (a)); and elder abuse (§ 368, subd. (b)(1)), with an enhancement

for a victim aged 70 or older (§ 368, subd. (3)(B)). She was sentenced, pursuant to the

plea…