People v. Yancey CA5

STATEMENT OF THE CASE

On August 24, 2021, the district attorney filed a complaint charging Yancey with attempted premeditated murder (§ 664/187, subd. (a); count 1), attempted kidnapping for carjacking (§ 664/209.5, subd. (a); count 2), carjacking (§ 215, subd. (a); count 3), carrying a loaded firearm in public (§ 25850, subd. (a); count 4), and carrying a concealed firearm (§ 25400, subd. (a)(2); count 5). An enhancement for personal use of a firearm (§ 12022.53, subd. (b))2 was alleged as to counts 1, 2, and 3. Criminal street gang enhancements were alleged as to all five counts (§ 186.22, subds. (b)(1) [counts 1, 2, 4 & 5] & (b)(4)(B) [count 3]). An active gang participant enhancement was alleged as to counts 4 and 5 (§§ 25850, subd. (c)(3), 25400, subd. (c)(3)). It was also alleged as an enhancement to count 4 that Yancey was not the registered owner of the firearm (§ 25850, subd. (c)(6)). At the arraignment on December 16, 2021, Yancey pleaded not guilty to all counts and denied all enhancements. The preliminary hearing was rescheduled multiple times at the request of Yancey’s counsel as plea negotiations were ongoing. Finally, on September 21, 2023, a change of plea hearing…