People v. Gonzales

Good Law
188 Cal. App. 3d 586·1986 Cal. App. LEXIS 2406·233 Cal. Rptr. 204
Court of Appeal of CaliforniaDecember 31, 1986F004880California1,395 words

Opinion

Opinion

Brown, J.

The issues raised in this appeal are limited to noncompliance by the trial court with Penal Code section 1192.6, , requiring the prosecuting attorney to provide a statement of reasons on the record for his recommendation that the court accept a proposed negotiated plea, and the violation of section 1192.7 prohibiting plea bargaining in cases of serious felonies unless the case falls within one of three exceptions.

The issues being so limited, a sufficient statement of the facts is simply to relate that about 9 p.m. one evening the victim answered the door of his apartment and was confronted by two men. One of the men, later identified as appellant, said “This is from Lorraine,” and the two men proceeded to beat the victim about the head. Appellant used a pipe to strike the victim, causing severe injuries.

In count one of the information appellant was charged with assault with a deadly weapon in violation of section 245, subdivision (a)(1); intentional infliction of great bodily harm within the meaning of section 12022.7 and a prior serious felony conviction for robbery within the meaning of section 667. In count two he was charged with burglary and the same section…

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