People v. Young CA1/4

BACKGROUND

I. The Original Sentencing Pursuant to Plea Agreement

In 2011, Young entered a no contest plea to crimes of voluntary manslaughter (§ 192), possession of a firearm as a felon (former § 12021), possession for sale of cocaine base (Health & Saf. Code, § 11351.5), and unlawful possession of a controlled substance while in possession of a firearm (Health & Saf. Code, § 11370.1, subd. (a)). He also entered a no contest plea to factual allegations that he personally used a firearm in the commission of the voluntary manslaughter and that the offense was connected to his participation in a criminal street gang. (§§ 12022.5, subd. (a), 186.22, subd. (b)). Young admitted one previous conviction for which he served a prison term. (Former § 667.5, subd. (b).) The trial court found a factual basis for each offense, and accepted Young’s no contest pleas to the charges. It also found the sentence enhancement allegations were true. In accordance with the terms specified in his plea agreement, the trial court sentenced Young to 35 years in prison. The agreed upon sentence consisted of the upper term of 11 years for voluntary manslaughter, the upper term of 10 years for a firearm…