P. v. Martinez CA5
On February 17, 2012, a first amended information was filed against David Lee Bonner, Jr., appellant, and Jose Manuel Vasquez. Count 1 of the seven-count information alleged that the three committed murder in violation of section 187, subdivision (a) by killing Eric Gomez. Count 1 further alleged that the killing occurred while the three were “engaged in the commission of carjacking and/or armed robbery, within the meaning of Penal Code section 190.2[, subdivision ](a)(17).”
Shortly before appellant’s trial was scheduled to begin, appellant agreed to plead guilty “to count 1 a violation of [P]enal [C]ode section 187[, subdivision](a) in the second degree[,] doubled pursuant to [section ]667(b)–(i).” The parties agreed to a total term of 30 years to life, and the court accepted the plea. On December 4, 2013, appellant was sentenced consistent with the plea agreement.
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