People v. Agaton-Hernandez CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Trial Proceedings In 2009, the Monterey County District Attorney filed an information charging Agaton-Hernandez with the murder of Roshni Singh on or about September 28, 2008, (§ 187, subd. (a); count 1) and conspiracy to commit first degree murder (§ 182, subd. (a)(1); count 2). The murder charge included a special circumstance allegation that Agaton-Hernandez aided and abetted the intentional murder of Singh for financial gain (§ 190.2, subd. (a)(1)). 2 In May 2011, pursuant to an agreement with the district attorney, Agaton- Hernandez waived his right to jury trial. In exchange, the district attorney agreed to not pursue “first degree murder charges” or the special circumstance allegation. 1. Evidence Presented at Bench Trial In July 2011, the trial court held a bench trial. As summarized in our unpublished opinion on direct appeal (People v. Agaton-Hernandez (June 27, 2013, H037855) [nonpub. opn.] (Agaton-Hernandez)), the evidence demonstrated the following:2 Victor Cabrera was Agaton-Hernandez’s former boss and the coconspirator in the murder. On September 28, 2008, Cabrera strangled to death his girlfriend, Roshni Singh, sometime…