People v. Hietala CA1/5

I. BACKGROUND

A. Procedural History An information charged Hietala with attempted carjacking (Pen. Code,1 §§ 664, 215, subd. (a); counts one and two) and carjacking (id., § 215, subd. (a); count three). As to counts one and three, but not count two, the information alleged that Hietala personally used a deadly or dangerous weapon—a knife (deadly weapon enhancement). (§ 12022, subd. (b)(1).) The case proceeded to a jury trial. The day before he rested, the prosecutor stated in open court that he would be moving to amend the information to add a deadly weapon enhancement (§ 12022, subd. (b)(1)) as to count two. The next day, the trial court found that the enhancement was supported by the evidence and granted the motion over Hietala’s objection. The jury found Hietala guilty of all counts and found true the deadly weapon enhancements with respect to all counts. The trial court sentenced Hietala to an aggregate term of 12 years and 4 months in prison. It imposed an aggravated term of nine years on count three and consecutive 10-month terms on counts one and two. With respect to the deadly weapon enhancements, the court imposed a consecutive one- year term as to count three, and…