People v. Valencia CA3

BACKGROUND

In 2003, Valencia attacked the mother of his children with a knife and a hammer after she obtained a restraining order against him. In 2004, Valencia entered into a plea agreement under which he would plead no contest to attempted murder (§§ 664, 187, subd. (a)) and receive an upper term sentence of nine years. He also agreed to admit a deadly weapon enhancement (§ 12022, subd. (b)(1)), an enhancement for great bodily injury involving domestic violence (§ 12022.7, subd. (e)), a prior strike conviction (§ 667, subds. (c) & (e)(1)), a prior serious felony enhancement (§ 667, subd. (a)), and a prior prison term enhancement (§ 667.5, subd. (b)), for an aggregate sentence of 30 years. At the 2004 sentencing hearing, the parties discussed the agreement: “[Prosecutor]: Just one other issue given the Blakely [v. Washington (2004) 542 U.S. 296] case. This is a stipulated sentence, and it should be clear, as well as waiving his right to a jury trial, he’s waiving his right to a jury trial on sentencing. “[Defense counsel]: Yes, he is. This is a stipulated sentence, and we have stipulated to the aggravated term in that position, I don’t think Blakely even applies. “THE COURT:…