P.

FACTS AND PROCEDURAL HISTORY

On October 14, 2008, defendant shot Joseph Salas in the leg and shot at Chad Villanueva, slightly wounding him. In a criminal complaint filed May 8, 2009, defendant was charged with attempted murder of Salas (Pen. Code, §§ 187, 664) in count 1; assault with a firearm on Villanueva (Pen. Code, § 245, subd. (a)(2)) in count 2; and possession of a firearm by a felon (former Pen. Code, § 12021, subd. (a)(1)) in count 3. Gang and firearm enhancements were alleged as to counts 1 and 2. On April 7, 2010, defendant pled no contest to count 1, attempted murder of Salas, and admitted amended enhancements as part of a plea bargain for a total prison term of 16 years. All remaining counts and enhancements were dismissed by the prosecutor. In connection with this plea bargain, defendant executed an advisement and waiver of rights form in which, among other terms, he agreed to dismissal of charges in a separate case “with a Harvey waiver.”1 On November 8, 2010, defendant was permitted to withdraw from the plea bargain. The parties then entered into a new plea bargain in which defendant pled no contest to count 2, assault with a firearm on Villanueva, and admitted a…