The People v. Clinton CA2/6

FACTS AND PROCEDURAL HISTORY

On February 21, 2012, the Santa Barbara County prosecutor filed an information against Clinton, Prekker, and Major, alleging that on July 16, 2011, they committed attempted murder and assault against J.S. Kinsey. The prosecutor also alleged that Major alone committed several drug and firearm crimes. Following a February 8, 2012, preliminary examination at which Kinsey and others testified, Clinton, Prekker, and Major entered nolo contendere pleas to certain charged counts. On July 17, 2012, Clinton and Prekker pleaded nolo contendere to assault with a semiautomatic firearm and admitted that they participated as aiders and abettors in the assault upon Kinsey with a .22 semiautomatic pistol. (§ 245, subd. (b).) In accordance with a plea agreement, the trial court sentenced Clinton and Prekker to three-year (low- term) prison terms. The court also imposed a $240 restitution fine and a $240 parole revocation restitution fine (stayed). (§§ 1202.4, subd. (b), 1202.45.) It awarded Clinton 777 days of presentence custody credit and Prekker 578 days of presentence custody credit. On July 17, 2012, Major pleaded nolo contendere to attempted murder, possession…