People v. Pilalas CA2/1

BACKGROUND

1. Amended information, no contest plea, and sentence In 2011, the People charged defendant in an amended information with attempted carjacking, assault with a firearm, possession of a firearm by a felon, and possession of ammunition. With respect to the attempted carjacking, the People further alleged defendant intentionally discharged a firearm. With respect to the assault, the People alleged defendant used a firearm. The People also alleged defendant suffered one prior strike conviction and one prior serious felony conviction.

Undesignated statutory citations are to the Penal Code.

2 The trial court’s minute order after defendant’s no contest plea indicates defendant pleaded no contest to the attempted carjacking. The minute order also indicates defendant admitted to suffering a prior strike and a serious felony prior conviction. According to defendant, the reporter’s transcript of defendant’s plea has been destroyed. The trial court sentenced defendant on May 2, 2012 for the attempted carjacking and an unrelated burglary. At the beginning of the sentencing hearing, the trial court stated, “[M]y notes aren’t that good—with 12022.53(B), she is to get 10…