People v. Mendez CA3

FACTS AND HISTORY OF THE PROCEEDINGS

A complaint charged defendant with two counts of special circumstances murder (Pen. Code, §§ 187, subd. (a), 190.2, subd. (a)(3),(15), & (22) [unless otherwise stated, statutory section citations that follow are to the Penal Code]; attempted murder (§§ 664, 187, subd. (a)); shooting at an inhabited vehicle (§ 246); being a person in possession of a firearm after having been convicted of a felony (§ 29800, subd. (a)(1)); unlawfully possessing ammunition (§ 30305, subd. (a)(1)); and participating in street gang activity (§ 186.22, subd. (a)).

The complaint also alleged enhancements for gang related firearm use causing death (§ 12022.53, subds. (d)-(e)); committing the offenses for the benefit of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)); and for prior serious felony convictions (§§ 1170.12, subd. (b)); 667, subd. (a)(1)).

The prosecutor offered defendant a negotiated plea disposition consisting of three counts of assault with force likely to produce great bodily injury (§ 245, subd. (a)(4)) and one count of discharging a firearm at a vehicle (§ 246). The plea agreement required defendant to admit a prior serious…