People v. West CA5

STATEMENT OF THE CASE

On October 12, 2011, a complaint was filed, charging defendant Michael David West with attempted second degree robbery involving the personal use of a firearm (Pen. Code,1 §§ 211, 664, 12022.53, subd. (b); count 1), second degree robbery involving the personal use of a firearm (§§ 211, 12022.53, subd. (b); count 2), and possession of a firearm by a felon (former § 12021, subd. (a)(1), now § 29800, subd. (a)(1); count 3).2 At arraignment, defendant pleaded not guilty to all charges. On April 13, 2012, the parties entered into a plea agreement. Defendant waived his preliminary hearing, and his constitutional rights pursuant to Boykin v. Alabama (1969) 395 U.S. 238 and In re Tahl (1969) 1 Cal.3d 122. The court advised defendant of the consequences of an admission of guilt, including an indicated sentence of no more than 15 years 4 months in prison. The parties stipulated to a factual basis for the plea, and the court ordered the police report incorporated into and made part of the record. Defendant pled guilty to counts 1 and 2, and admitted the firearm use allegation as to each count. The court found a knowing, intelligent, and voluntary waiver of rights and…