People v. Mendez CA3

BACKGROUND

Defendant and his codefendant went to a park in Stockton where a gang fight was about to start. Once the victims arrived, defendant walked through the park to a victim’s car. Defendant quickly fired into that victim’s car, and one or more of the other victims

1 returned fire. Two victims died. When defendant was spotted by officers, he was driving erratically while speeding and throwing things out of the car window. The operative complaint charged defendant with two counts of murder, one count of attempted premeditated murder, shooting at a vehicle, being a felon in possession of a firearm, criminal street gang activity, and evading a peace officer. It alleged special circumstances for the murders and various enhancements. Finally, it alleged defendant had a strike and a serious felony conviction. Defendant pled guilty to two counts of voluntary manslaughter and one count of evading a police officer. He admitted using a firearm, a strike, and a serious felony conviction. In exchange, the trial court dismissed the remaining counts and enhancements. In keeping with the plea agreement, the trial court sentenced defendant to 27 years 8 months in prison and imposed…