Wallace

People v. Wallace

Good Law
169 Cal. App. 3d 406·1985 Cal. App. LEXIS 2010·215 Cal. Rptr. 203
Court of Appeal of CaliforniaJune 18, 1985F004091California1,702 words

Opinion

Opinion

Best, J.

Defendant appeals from the imposition of a five-year enhancement for a prior serious felony conviction following his plea of guilty entered pursuant to a negotiated plea bargain. We will affirm the judgment.

The Case

We relate only those matters pertinent to our discussion to follow.

Defendant was charged in separate informations with murder and assault with a deadly weapon, both involving the same victim and the same incident. It was also alleged that defendant personally used a deadly and dangerous weapon, a knife (Pen. Code, § 12022, subd. (b) ), and that defendant was previously convicted of a serious felony, robbery, within the meaning of section 667.

Pursuant to a negotiated plea bargain, defendant entered a plea of guilty to voluntary manslaughter, a necessarily included offense of the murder charge, and admitted the section 12022, subdivision (b), and section 667 enhancement allegations. In accord with the plea bargain, it was stipulated that a sentence of twelve years in the state prison could be imposed, the aggravated base term of six years, one year for the section 12022, subdivision (b), enhancement and five years for the section 667 enhancement. After…

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