Armendariz

I.

Defendant Steven Armendariz appeals from the sentence he received after pleading guilty to attempted robbery (Pen. Code, §§ 664/211), attempted murder (Pen. Code, §§ 664/187), and robbery (Pen. Code, § 211). He also admitted three firearm-use enhancements (Pen. Code, § 12022.5) and infliction of great bodily injury on the attempted murder charge (Pen. Code, § 12022.7). The plea bargain contemplated that he would receive either 12 or 13 years in prison.

Defendant was sentenced on August 14, 1991, to 13 years in prison. Although defendant was a minor at the time of the offense, the court did not consider a California Youth Authority commitment. Recognizing the error, the court subsequently ordered an amenability study pursuant to Welfare and Institutions Code section 707.2. After receiving a favorable amenability study, the court rejected the Youth Authority recommendation and resentenced defendant to 13 years in prison on February 28, 1992. However, the court ordered that defendant be housed at the Youth Authority pursuant to Welfare and Institutions Code section 1731.5.

II. Facts

Luis Souto, the victim of the attempted murder, testified at the preliminary hearing…