People v. Hernandez CA3

FACTS AND HISTORY OF THE PROCEEDINGS

We omit a summary of the facts underlying defendant’s conviction because they are not relevant to the issues raised in this appeal. Procedurally, between November 2016 and June 2017, the People filed five criminal complaints against defendant. In October 2017 defendant entered a global negotiated plea for all five actions, pursuant to which he entered pleas of no contest to some counts; admitted some enhancements; admitted to having served a prior prison sentence as contemplated by then section 667.5, subdivision (b) (prison prior); and agreed to an upper term of 12 years and 8 months. The prison term included one upper term sentence of three years for a Vehicle Code section 2800.4 violation. In November 2017, the trial court sentenced him to a total term of 12 years and 8 months in prison. In July 2022, defendant was identified by the California Department of Corrections and Rehabilitation (CDCR) as a person eligible for relief under section 1172.75, and counsel was appointed to represent him in the proceedings. The trial court set his case for hearing on August 11, 2022. On August 11, 2022, counsel for defendant appeared before the trial…