People v. Huertas CA4/3

FACTS

I.

THE 2019 GUILTY PLEA AND SENTENCE

In December 2019, Huertas entered a guilty plea based upon an indicated sentence. Huertas admitted he and an accomplice lured the victim to a restroom, where Huertas stabbed the victim multiple times with a knife. Huertas further admitted he was a member of the Varrio Viejo street gang and that the victim had been “‘green lit’” by the gang for an attack because the victim was a gang member “in bad standing.” Huertas pleaded guilty to premeditated attempted murder (Pen. Code, §§ 187, subd. (a), 664, subd. (a))1 and conspiracy (§ 182, subd. (a)(1)). Huertas admitted two enhancement allegations of street gang activity (§ 186.22, subds. (b)(1), (b)(4)), one enhancement allegation of inflicting great bodily injury (§ 12022.7, subd. (a)), and one enhancement allegation of personal use of a deadly weapon (§ 12022, subd. (b)(1)), all of which were to be stricken for purposes of sentencing. Huertas also admitted a prison prior pursuant to section 667.5, subdivision (b). As he acknowledged, Huertas faced a potential maximum sentence of 15 years to life, plus 23 years, in state prison. But consistent with the sentence indicated in the written…