Masters

An information was filed charging appellant Marvin Eugene Masters with attempted murder of Derrick Ross, in violation of Penal Code 1 section 187 in count one; discharging a firearm at an occupied motor vehicle, in violation of section 246 in count two; and, assault with a deadly weapon on James Hooker, in violation of section 245, subdivision (a)(2), in count three. Enhancements were alleged in connection with each count. Masters’s section 995 motion to dismiss the attempted murder count and the accompanying enhancement allegations was denied.

Pursuant to a negotiated disposition, and upon motion of the district attorney, the trial court amended the attempted murder charge in count one to allege assault with a deadly weapon, in violation of section 245, subdivision (a)(2). Masters then pleaded guilty to this charge, admitted the accompanying great bodily injury enhancement allegation (§§ 12022.7, 1203.075) and pleaded guilty to count two, a violation of section 246. Count three and the remaining enhancement allegations were dismissed upon the district attorney’s motion.

Masters was sentenced to the upper term of four years on count one, a consecutive three-year term…

I think that the result the court’s opinion publishes today is tenable; certainly the consequences of appellant’s violence warrants the law’s maximum punishment. However, the court’s ratiocination is untenable, I think, in light of the record under review revealing the superior court’s silence as to a matter on which its *1131 jurisdiction may be said to precariously hinge. “ ‘A court may have jurisdiction of the cause of action and of the parties, but it may lack the authority or power to act in the case except in a particular way. Under such circumstances, it is now generally held that the court had no jurisdiction.’ [Citation.]” (Neal v. State of California (1960) 55 Cal.2d 11, 16 [ 9 Cal.Rptr. 607 , 357 P.2d 839 ].)

I begin by quoting the record: “The Court: All right. Based upon the plea entered here in open court, which I will find was entered intelligently, knowledgeably, and voluntarily by Mr. Masters, I will make the finding that he has on or about the 24th day of March, 1985, violated the terms and conditions of Penal Code[ 1 ] Section 245 (2); that further in the course and scope of that violation he did inflict great bodily harm upon the person of Derrick Ross and for…

[Opinion certified for partial publication. [*] ]

OPINION

MERRILL, J.

An information was filed charging appellant Marvin Eugene Masters with attempted murder of Derrick Ross, in violation of Penal Code [1] section 187 in count one; discharging a firearm at an occupied motor vehicle, in violation of section 246 in count two; and, assault with a deadly weapon on James Hooker, in violation of section 245, subdivision (a)(2), in count three. Enhancements were alleged in connection with each count. Masters's section 995 motion to dismiss the attempted murder count and the accompanying enhancement allegations was denied.

Pursuant to a negotiated disposition, and upon motion of the district attorney, the trial court amended the attempted murder charge in count one to allege assault with a deadly weapon, in violation of section 245, subdivision (a)(2). Masters then pleaded guilty to this charge, admitted the accompanying great bodily injury enhancement allegation (§§ 12022.7, 1203.075) and pleaded guilty to count two, a violation of section 246. Count three and the remaining enhancement allegations were dismissed upon the district attorney's motion.

Masters was sentenced to the upper…