People v. Yang CA5

BACKGROUND

On March 18, 2015, defendant entered into a plea agreement. He pled no contest to two counts of assault with a semiautomatic firearm (§ 245, subd. (b); counts 4, 5). He also admitted that, as to count 4, he personally inflicted great bodily injury (§ 12022.7, subd. (a)) and that the offense was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)).2 The stipulated term was 21 years. All other counts and enhancements were dismissed. On April 17, 2015, the trial court sentenced defendant to the stipulated term of 21 years in prison, which consisted of: on count 4, nine years (the upper term) plus

Undesignated statutory references are to the Penal Code. The second amended complaint alleged the gang enhancement pursuant to section 186.22, subdivision (b)(1)(B), and defendant admitted to this allegation. However, pursuant to the plea agreement, defendant was sentenced under section 186.22, subdivision (b)(1)(C).

2. 10 years for the gang enhancement; and on count 5, two years (one-third the middle term). On September 12, 2024, defendant, proceeding in propria persona, “invite[d]” the trial court to recall his sentence and resentence…