The People v. Sanchez CA4/2

STATEMENT OF THE CASE

On April 23, 2012, an information charged defendant and appellant Gerardo

Sanchez with attempted second degree robbery (Pen. Code, §§ 664, 211, count 1) and

assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4),

count 2). The information also alleged that count 1 was a serious and violent felony.

(Pen. Code, §§ 1192.7, subd. (c), 667.5, subd. (c).)

On June 15, 2012, upon motion of the People, a prior prison term allegation was

added to the information. (Pen. Code, § 667.5, subd. (b).) Defendant entered into a

negotiated plea agreement, pleading guilty to count 1 (attempted robbery) and admitting

the prior prison term allegation. In exchange, all other counts and allegations were to be

dismissed at the time of sentencing. Defendant was advised of and waived his

constitutional rights.

At the sentencing hearing on July 16, 2012, the trial court stated that defendant’s

conviction justified probation only if unusual circumstances were present. Defense

counsel argued that probation was warranted in light of defendant’s youth and lack of a

significant prior criminal record. (See Cal. Rules of Court, rule…