People v. McPherson CA4/2

BACKGROUND

In October 2017, to resolve charges on 15 felony counts and two misdemeanors,

with six prior prison terms alleged, plus a prior serious felony, and a prior strike for

assaulting a peace officer with a weapon, defendant agreed to plead guilty to all counts

and admit the priors in exchange for a sentence of 16 years eight months. Defendant’s

exposure before reaching the agreement had been 49 years eight months in prison.

1 All further statutory references are to the Penal Code, unless specified otherwise.

2 Specifically, defendant pled guilty to: seven counts of taking a vehicle without the owner’s consent as a repeat offender (counts 1, 2, 4, 5, 9, 10, 11; Veh. Code, § 10851, subd. (a); Pen. Code, § 666.5, subd. (a)); burglary (count 3; Pen. Code, § 459); two counts of evading arrest (counts 6, 8; Veh. Code, 2800.2); robbery with the personal use of a dangerous or deadly weapon (count 7; Pen. Code, §§ 211, 12022, subd. (b)(1), 1192.7, subd. (c)(23)); two counts of being a convicted felon and narcotics addict in [footnote continued on next page]

2 At sentencing, the trial court explained that the math for the plea terms it and the

parties had discussed was off…