People v. Smith CA5

INTRODUCTION

In 2017, defendant Charlie Michael Smith1 pleaded no contest to attempted murder (Pen. Code, §§ 187, 664; count 1) and possession of a weapon while incarcerated (§ 4502; count 2). (Undesignated statutory references are to the Penal Code.) He also admitted a prior serious felony enhancement allegation (§ 667, subd. (a)), a strike prior allegation (§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)), and two prison prior allegations (§ 667.5, former subd. (b)). Pursuant to the stipulated plea agreement, defendant was sentenced to a term of 26 years, which consisted of an upper term of 18 years on count 1 (the upper term doubled based upon the strike prior), two years (one- third the midterm) for count 2, plus five years for the prior serious felony enhancement (§ 667, subd. (a)), and one year for one of the section 667.5, former subdivision (b) prison prior enhancements. In 2022, the California Department of Corrections and Rehabilitation identified defendant as an individual potentially eligible for resentencing pursuant to Senate Bill No. 483 (2021–2022 Reg. Sess.) (Senate Bill 483). The trial court indicated it did not believe defendant was entitled to a full…