P. v. Payton CA4/1
Defendant and appellant John Sterling Payton was charged by amended felony complaint with murder. (Pen. Code, § 187, subd. (a), count 1.) The complaint also alleged that he personally and intentionally discharged a firearm, causing great bodily injury and death (§ 12022.53, subd. (d)), and that he personally and intentionally discharged a firearm, within the meaning of section 12022.53, subdivisions (b) and (c). Additionally, the complaint alleged that defendant had served three prior prison terms (§ 667.5, subd. (b)) and that he intentionally killed the victim for the purpose of preventing his testimony in a criminal proceeding (§ 190.2, subd. (a)(10)). Defendant entered a plea agreement and pled no contest to count 1 and admitted the section 12022.53, subdivision (d) firearm allegation. Defense counsel stated for the record that he did not concur in the plea. However, along with the prosecutor, he stipulated that the police reports contained a factual basis for the plea.
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