P. v. Ochoa CA5
Respondent Joshua Ochoa was charged by information with murder (under the “natural and probable consequences” doctrine); two gang enhancement allegations were attached to the murder charge. Ochoa was also charged with being an accessory after the fact; a gang enhancement allegation was attached to the accessory charge. Finally, Ochoa was charged with street terrorism (the substantive gang offense).
Ochoa brought a Penal Code section 995 motion to set aside the information. The superior court set aside the murder charge (along with the associated gang enhancements), the street terrorism charge, and the gang enhancement attached to the accessory charge. In light of the court’s indicated sentence of felony probation and credit for time served, Ochoa pleaded the same day to the accessory charge. He was released from custody that day as well, having served approximately 18 months in jail.
The People appeal. We will affirm.
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