People v. Perez CA4/2

BACKGROUND

Defendant entered into a plea agreement in which he pled guilty to (i) attempted

murder with an enhancement for personal use of a firearm (Pen. Code,1 §§ 664, 187,

12022.53, subd. (b), 1192.7, subd. (c)(8), count 8); and (ii) assault with a semiautomatic

firearm with an enhancement for personal use of a firearm (§§ 245, subd. (b), 1192.7,

subd. (c)(8), 12022.5, subd. (a), count 24). Defendant also admitted a strike prior and an

aggravating factor. The plea agreement included a waiver of any right to appeal

defendant may have.

In accordance with the plea agreement, the trial court sentenced defendant to a

prison term of 14 years to life for the attempted murder (a seven-year term doubled due to

the strike prior) plus a consecutive 10-year term for the section 12022.53 firearm

enhancement. As to the assault, the court imposed a prison term of nine years (low term

of three years doubled, plus three years for the personal use of a firearm).

Defendant appealed the judgment. In his request for a certificate of probable

cause defendant claimed there were sentencing errors with respect to the imposition of

the sentences for the firearm enhancements. The trial…