SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff vs. Defendant COURT CASE NO. FBA1100269 FIRST AMENDED INFORMATION Arraignment Date: March 29, 2013 Department: B4 DA CASE NO. 2011-00-0023539 I N F O R M A T I O N SUMMARY Ct. No. Charge Charge Range Defendant Special Allegation Alleg. Effect 1 PC187(a Life PC12022.53(d PC190.2(a(3 PC1170(h +25 to Life LWOP PSP 2 PC187(a Life PC12022.53(d WI707(d(1 WI602(b PC190.2(a(3 PC1170(h +25 to Life Check Code Check Code LWOP PSP Page 1
The District Attorney of the County of San Bernardino, by this Information alleges that: COUNT 1 On or about May 5, 2011, in the above named judicial district, the crime of MURDER, in violation of PENAL CODE SECTION 187(a, a felony, was committed by, who did unlawfully, and with malice aforethought murder Jimmy Handley, a human being. "NOTICE: The above offense is a serious felony within the meaning of Penal Code section 1192.7(c and a violent felony within the meaning of Penal Code section 667.5(c." "NOTICE: Conviction of this offense will require you to provide specimens and samples pursuant to Penal Code section 296. Willful refusal to provide the specimens and samples is a crime." and intentionally discharged a firearm, a handgun, which caused great bodily injury and death to Jimmy Handley within the meaning of Penal Code Section 12022.53(d also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. and intentionally discharged a firearm, a handgun, within the meaning of Penal Code Section 12022.53(c also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b also causing the Page 2
above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. It is further alleged as to counts 1, 2 that the offenses charged in counts 1 and 2 are a special circumstance within the meaning of Penal Code Section 190.2(a(3. It is further alleged that pursuant to Penal Code section 1170(h(3 defendant Jose Luis Lopes Fontenot is eligible for imprisonment in the state prison due to: the current charge is a serious or violent felony. ***** COUNT 2 On or about January 16, 2009, in the above named judicial district, the crime of MURDER, in violation of PENAL CODE SECTION 187(a, a felony, was committed by Jose Luis Lopes Fontenot, who did unlawfully, and with malice aforethought murder Gregory Allen Boriak, a human being. "NOTICE: The above offense is a serious felony within the meaning of Penal Code section 1192.7(c and a violent felony within the meaning of Penal Code section 667.5(c." "NOTICE: Conviction of this offense will require you to provide specimens and samples pursuant to Penal Code section 296. Willful refusal to provide the specimens and samples is a crime." Page 3
and intentionally discharged a firearm, a handgun, which caused great bodily injury and death to Gregory Allen Boriak within the meaning of Penal Code Section 12022.53(d also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. and intentionally discharged a firearm, a handgun, within the meaning of Penal Code Section 12022.53(c also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. used a firearm, a handgun, within the meaning of Penal Code Section 12022.53(b also causing the above offense to become a serious felony pursuant to Penal Code section 1192.7(c(8 and a violent felony within the meaning of Penal Code section 667.5(c(8. It is further alleged as to count 2, pursuant to subdivision (d(1 of Section 707 of the Welfare and Institutions code, that the was a minor who was at least 16 years of age the time of the commission of the above offense. It is further alleged as to count 2, pursuant to subdivision (b of Welfare and Institutions Code section 602, that the was 14 years of age and older when the Jose Luis Lopes Fontenot personally killed Gregory Allen Boriak, and that a special circumstance enumerated in subdivision (a of Penal section 190.2 is applicable. It is further alleged as to counts 1, 2 that the offenses charged in counts 1 and 2 are a special circumstance within the meaning of Penal Code Section 190.2(a(3. Page 4
It is further alleged that pursuant to Penal Code section 1170(h(3 defendant Jose Luis Lopes Fontenot is eligible for imprisonment in the state prison due to: the current charge is a serious or violent felony. ***** * * * * * Pursuant to Penal Code Section 1054.5(b, the People are hereby informally requesting that defense counsel provide discovery to the People as required by Penal Code Section 1054.3. THIS INFORMATION CONSISTS OF 2 COUNT(S. MICHAEL A. RAMOS DISTRICT ATTORNEY County of San Bernardino State of California By: Shannon L. Faherty Shannon L. Faherty Deputy District Attorney Filed in Superior Court, County of San Bernardino Dated: Page 5