People v. Thornton CA1/4

I. BACKGROUND

Thornton was charged by complaint with six counts of attempted murder (§§ 187, subd. (a), 664) and one count of shooting at an occupied motor vehicle (§ 246), as well as firearm and gang enhancements. According to the probation report, the charges arose from two shootings on city buses in the fall of 2013. Thornton admitted his involvement in one of the shootings. In late 2014, Thornton pled no contest to one count of attempted murder, with an enhancement for personal use of a firearm (§ 12022.53, subd. (b)), as part of a plea agreement that provided he would be sentenced to prison for a term of 17 years. The prosecution dismissed the remaining charges and enhancements. Consistent with the plea agreement, the trial court imposed a 17-year prison term, which included a seven-year midterm

3 In his opening appellate brief, Thornton presented an alternative

argument, contending that if his case is not remanded to juvenile court, the sentence imposed by the trial court at resentencing should be vacated because the court allegedly did not adequately explain its sentencing decisions. But following the Attorney General’s concession as to Thornton’s primary argument that…