People v. Burgos CA2/2

BACKGROUND

In 2018, defendant was charged with one count of willful, deliberate, and premeditated attempted murder (§§ 664/187; count 1) and one count of being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 2). As to count 1, the People alleged defendant used a firearm during the commission of the offense within the meaning of section 12022.53, subdivisions (b), (c), (d), and (e)(1). As to counts 1 and 2, the People alleged defendant committed the offense for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(C). Finally, the People alleged defendant suffered a prior serious felony conviction within the meaning of section 667, subdivision (a)(1) and a prior strike conviction pursuant to the “Three Strikes” law (§§ 667, subds. (b)–(j), 1170.12). In 2021, defendant accepted a negotiated disposition wherein he pleaded no contest to count 1 and admitted a firearm allegation pursuant to section 12022.5, subdivision (a) and a great bodily injury allegation pursuant to section 12022.7, subdivision (a).2 He also admitted he suffered a prior strike conviction. Defendant was sentenced to an aggregate term of 22 years comprised…