People v. Martin CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND

By felony complaint filed August 15, 2024, the People charged defendant with

assault with a firearm. The People further alleged that defendant had suffered two prior

strike convictions.

On September 9, 2024, pursuant to a plea agreement, defendant pled guilty to the

count 1 offense, admitted one of the prior strike convictions, and admitted an aggravating

factor. As part of the plea agreement, defendant initialed a provision reading, “I waive

2 and give up any right to appeal from any motion I may have brought or could bring and

from the conviction and judgment in my case since I am getting the benefit of my plea

bargain.” The parties stipulated that the police reports would provide the factual basis for

the plea.

The court expressed to defendant that pursuant to the plea agreement, the court

would sentence defendant “to the upper term of four years on Count 1. That will then be

doubled for the prior strike, for a total of eight years in state prison.” “By way of this

paperwork, you’re admitting an aggravating factor. That’s Number 14 in the Felony

Complaint—you have some prior convictions—and that allows the Court to impose…