Munoz
People v. Munoz
Opinion
Opinion
Cantil-Sakauye, J.
Defendant Edgardo Munoz pled no contest to attempted murder (Pen. Code, §§ 187, subd. (a), 664) and admitted being personally armed with a firearm during the commission of the offense (§ 12022.5). In exchange for his plea, numerous other counts and enhancements, including two counts for attempted murder and gang allegation enhancements, were dismissed with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754 [ 159 Cal.Rptr. 696 , 602 P.2d 396 ] (Harvey).
Defendant was sentenced to the upper term of nine years for the attempted murder and the upper term of 10 years for the firearm enhancement, for a total state prison term of 19 years. Defendant timely appealed and obtained a certificate of probable cause. (§ 1237.5.) His sole contention on appeal is that his upper-term sentence violated the Sixth Amendment to the United States Constitution. We shall affirm.
BACKGROUND
As defendant entered a no contest plea, the facts underlying the offenses are taken primarily from the probation report.
On June 27, 2005, officers responded to a report of shots fired and robbery in progress. Officers found a car high-centered on a berm. The windshield and rear windows of the car…