People v. Pennell CA3

I. BACKGROUND

A. The Charges and Plea Agreement The People’s amended information charged defendant with 19 counts: kidnapping (§ 207, subd. (a); count 1); second degree robbery (§ 211; counts 2, 3, 14, 18); dissuading a witness by force (§ 136.1, subd. (c)(1); counts 4, 11, 17), first degree residential burglary (§ 459; count 5); first degree residential robbery (§ 211; count 6); evading a peace officer with wanton disregard (Veh. Code, § 2800.2; count 7); evading a peace officer while driving against traffic (Veh. Code, § 2800.4; count 8); felon in possession of a firearm (former § 12021, subd. (a)(1); counts 9, 15); unlawful taking or driving of a vehicle (Veh. Code, § 10851, subd. (a); count 10); criminal threats (§ 422; counts 12, 19); kidnapping to commit another crime (§ 209, subd. (b)(1); count 13); and carjacking (§ 215, subd. (a); count, 16). The information further alleged defendant was on probation at the time of the offense (§ 1203, subd. (k); counts 1-4, 6-7, 13-14); personally used a firearm (§ 12022.53, subd. (b); counts 1-4, 6, 13-14, 16-18); inflicted great bodily injury (§ 12022.7, subd. (a); counts 1-4, 6); and used a firearm (§ 12022.5, subd. (a); counts…