People v. Lyburtus CA4/3

FACTS AND PROCEDURAL HISTORY

In an information, Lyburtus was charged with one count of attempted murder (§§ 187, subd. (a), 664, subd. (a) [count 1]), and two counts of assault with a 2 deadly weapon (§ 245 subd. (a)(1) [counts 2 and 3]). The information alleged sentencing enhancements for criminal street gang activity (§ 186.22, subd. (b)(1)) and personal infliction of great bodily injury (§ 12022.7, subd. (a)) as to the attempted murder and assault charges. In August 2018, Lyburtus pled guilty to attempted murder and assault with a deadly weapon and admitted all sentencing enhancement allegations. The factual basis 3 of Lyburtus’s plea in the Tahl form reads: “In Orange County, California, on 5/19/16, I unlawfully, with the specific intent to kill, attempted to murder Brandon T. a human being and personally inflicted GBI on him, he was not an accomplice in this offense. On that date, I also willfully and unlawfully committed assaults with a deadly weapon on Marcus H. and Jesus G., who were not accomplices and inflicted GBI on them. I committed all of these offenses for the benefit of Westside La Habra [gang], with the specific intent to furthur [sic], and assist in criminal…