Littrel

Defendant, Freddie Littrel, was convicted by a jury of one count of attempted murder (Pen. Code, §§ 664/187) and one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). An allegation that defendant used a dangerous and deadly weapon, a knife, within the meaning of Penal Code section 12022, subdivision (b), was found true as to the first count. Allegations that he inflicted great bodily injury, within the meaning of Penal Code section 12022.7, were found true as to both counts. After a motion to strike two alleged prior convictions was denied, defendant admitted the priors.

Probation was denied. Defendant was sentenced to the upper term of nine years on count I, plus three years for the bodily injury enhancement. He received an additional five-year enhancement (Pen. Code, § 667.5, subd. (a)) for the first prior (second degree murder), and a one-year enhancement (Pen. Code, § 667.5, subd. (b)) for the second prior (felon in possession of a firearm). A midterm sentence of 16 months on count II was stayed pending service of sentence on count I, the stay to then become permanent. Appropriate custody and conduct credits were awarded.

On October 29, 1982,…