People v. Brissette CA2/4

BACKGROUND

Pursuant to a negotiated agreement, on May 27, 2004, defendant pleaded no contest to attempted murder (§§ 664/187, subd. (a)), admitted he personally and intentionally discharged a firearm during its commission (§ 12022.53, subd. (c)), and admitted suffering a prior prison term (former § 667.5, subd. (b); hereinafter former § 667.5(b)).2 The court accepted the plea, admissions, and stipulation to a factual basis. In accordance with the plea, the court sentenced defendant to the upper term of

Subsequent references to statutes are to the Penal Code. In exchange for his plea, the People dismissed another count of attempted murder (§§ 664/187, subd. (a)), one count of shooting at an inhabited dwelling (§ 246), and felon in possession of a firearm (former § 12021, subd. (a)(1)). All charged counts and enhancements exposed defendant to 80 years to life.

2 nine years for attempted murder, plus 20 years for the firearm enhancement and one year for serving a prior prison term. Defendant was credited with 378 days actual time and 56 days conduct credit. In April 2023, the matter was placed on calendar after the trial court received notice that defendant’s name…