People v. Haynes CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

In 2004, Haynes was charged as the sole defendant with two counts: (1) premeditated attempted murder of K.H. (§§ 664; 187, subd. (a); 189); and (2) assault upon K.H. with a firearm (§ 245, subd. (a)(2)). The victim (K.H.) testified at the July 1, 2004 preliminary hearing, and we briefly summarize his testimony. On June 15, 2004 at approximately 10:30 p.m., Haynes and two other individuals entered K.H.’s trailer and demanded he give them a ride. K.H. refused, and seconds after they left, Haynes returned and again demanded a ride. K.H. again refused, and Haynes shot him. K.H. saw Haynes’s face when he was pointing the gun at him and also recognized Haynes’s voice. In April of 2005, in exchange for a stipulated sentence of 22 years, Haynes pled guilty to attempted murder of K.H. without premeditation (§§ 664, 187, subd. (a)) and admitted two enhancement allegations: (1) personal infliction of great bodily injury (§ 12022.7, subd. (a)); and (2) personal use of a firearm (§ 12022.53, subd. (b)). His initialed and executed a plea form also included a “[s]tipulation to the preliminary examination transcript as a factual basis” for the plea. The…