People v. Pham CA4/3

STATEMENT OF THE CASE

On October 22 2010, Pham pleaded guilty to attempted murder, a personal firearm use enhancement, and a GBI enhancement. In the plea form, Pham acknowledged the following possible penalties: an upper term of 9 years for the attempted murder, 20 years for the firearm enhancement, and 3 years for the GBI enhancement, totaling 32 years. He further acknowledged he understood the trial court would sentence him to 32 years in prison and that he would waive any custody and work time credit. On November 4, 2010, the court sentenced him to 32 years in prison. On October 10, 2023, Pham filed a motion to vacate his convictions pursuant to section 1473.7, subdivisions (a)(1), (2) of the RJA. He claimed his sentence of 32 years is significantly more time than the sentence of other similarly-situated individuals, citing three unpublished criminal cases wherein the criminal defendant received less time.

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

2 The trial court appointed the public defender to represent Pham. On April 19, 2024, the court held a hearing on the motion. At the hearing, the public defender conceded Pham was not…