People v. Garcia CA2/1

BACKGROUND

The facts underlying defendant’s conviction are not at issue in this appeal, and we do not summarize them. An information filed on December 10, 1996 charged defendant with two counts of attempted murder of a peace officer, two counts of assault with a firearm upon a peace officer, and one count each of possession of a firearm by a felon and possession for sale of cocaine base. The information alleged firearm enhancements to the attempted murder and assault counts. The information further alleged a prior conviction subjecting defendant to sentencing under the “Three Strikes” law. Pursuant to a plea agreement, defendant pleaded no contest to one count of assault with a firearm upon a peace officer, and admitted he was armed with a firearm during commission of the offense. Defendant also admitted to three prior convictions for robbery, two of which had firearm enhancements imposed. The trial court sentenced defendant to 29 years to life on the assault count and dismissed the other counts in the information.

Unspecified statutory citations are to the Penal Code.

2 On September 15, 2022, defendant filed a motion for a hearing under People v. Franklin (2016) 63 Cal.4th…