People v. Oswald CA4/2

STATEMENT OF THE CASE

On September 9, 2016, an information charged defendant with first degree murder

with malice aforethought (Pen. Code1 § 187, subd. (a); count 1); sale or transportation of

marijuana (Health & Saf. Code, § 11360, subd. (a); count 2); and possession of marijuana

for sale (Health & Saf. Code, § 11359; count 3).2 As to count 1, the information also

alleged that defendant personally used a firearm (Pen. Code, § 12022.53, subd. (b));

personally and intentionally discharged a firearm (Pen. Code, § 12022.53, subd. (c)); and

personally and intentionally discharged a firearm causing great bodily injury and death

(Pen. Code, § 12022.53, subd. (d)). In addition, the information alleged that defendant

suffered from one prior serious or violent felony conviction (Pen. Code, §§ 667, subds.

(b)-(i), 1170.12, subds. (a)-(d)).

On June 1, 2022, pursuant to a negotiated plea agreement, the information was

amended to add voluntary manslaughter (§ 192, subd. (a); count 6). Moreover, as to

count 6, the amended information added allegations that defendant had a prior felony

conviction (§§ 667, subd. (a)(1), 1170.12, subds. (a)-(d)), and that defendant personally

used a…