People v. Estrada CA4/2

BACKGROUND

In 1990, the People filed an information charging Estrada with murder (§ 187,

subd. (a), count 1), robbery (§ 211, count 2), and commercial burglary (§ 459, count 3),

and alleging he personally used a firearm in committing those offenses (§§ 1203.06,

subd. (a)(1), 12022.5). The jury found Estrada guilty of only the lesser included offense

1 Undesignated statutory references are to the Penal Code.

2 of second-degree murder on count 1, found him not guilty on counts 2 and 3, and found

the firearm enhancement allegations to be not true. The trial court sentenced him to

years to life. In an unpublished opinion, we affirmed the judgment. (People v. Perez

(Apr. 28, 1992, E008365).)

Estrada was tried together with one of his codefendants, Peter Paul Perez, who

was convicted of first degree special circumstance murder and burglary, as well as

alleged enhancements, and was sentenced to life without the possibility of parole plus a

determinate term. With minor modifications, we affirmed Perez’s judgment. (People v.

Perez, supra, E008365.) Three other codefendants reached plea agreements and testified

at the trial; one, Bert Wilson, was called by the People,…