People v. Pineda CA6

I. INTRODUCTION

These appeals involve two proceedings that this court has ordered to be considered together for the purposes of briefing and disposition. In superior court case No. C2114310 (hereafter case 1), defendant Duarte Pineda pleaded no contest to one count of attempted murder (Pen. Code, §§ 187, subd. (a), 664)1 and one count of assault with a deadly weapon (§ 245, subd. (a)(1)). Defendant also admitted an allegation that he used a deadly and dangerous weapon (a knife) in committing the attempted murder (§ 12022, subd. (b)(1)). In superior court case No. C1756277 (hereafter case 2), defendant pleaded no contest pursuant to a plea agreement to one felony count of cultivating marijuana causing harm to the environment (Health & Saf. Code, § 11358,

1 All further statutory references are to the Penal Code unless otherwise indicated. subd. (d)) and one misdemeanor count of illegal deposit of refuse into the waters of the State of California (Fish & G. Code, § 5652). The two cases were combined for sentencing. The trial court sentenced defendant to the middle term of seven years for the attempted murder count and a consecutive term of one year for the use of a deadly and…