People v. Aguilar CA4/3

STATEMENT OF THE CASE

On March 2, 2011, a jury found Aguilar guilty of premeditated attempted murder, and found true that he personally discharged a firearm during the commission of the attempted murder and that the crime was committed for the benefit of a criminal street gang. The jury further found Aguilar guilty of two counts of street terrorism and one count of carrying a loaded unregistered firearm in public. On June 3, 2011, the trial court imposed a 15 years to life sentence for the attempted murder conviction, and 20 years for the firearm enhancement. It imposed a concurrent 2 year middle term for the carrying a

2 loaded unregistered firearm in public offense, and stayed sentencing on the street terrorism offenses. Following Aguilar’s direct appeal of his sentence, on August 22, 2012, a panel of this court affirmed “the sentence as pronounced.” (People v. Aguilar (G045345, Aug. 22, 2012) [nonpub. opn.] (Aguilar).) .) As relevant to this appeal, the opinion stated the following: “[T]he trial court orally pronounced Aguilar’s sentence as follows: ‘[A] term of 15 years minimum to life, [¶] And then, consecutive to that, the defendant is sentenced to 20 years for the firearm…