Perez

A jury convicted Porfirio Sanchez Perez of attempted murder, shooting at an occupied motor vehicle, unlawful driving or taking of a vehicle, evading a peace officer with reckless driving, and possession of a firearm by a felon. In addition, the jury found true allegations that the offense of attempted murder was willful, deliberate and premeditated, and that Perez personally used a firearm in the commission of these offenses.

The court found Perez had suffered two prior serious felony convictions and had served two prior prison terms. The court declined to strike any of Perez’s prior convictions, concluding it did not have such authority, and indicated it would not strike them even if it could. Accordingly, the court sentenced Perez to prison for a term of 42 years to life, consisting of 25 years to life for attempted murder under the “three strikes” legislation, plus enhancements for using a firearm, 2 prior serious felony convictions, and 2 prior prison terms.

In the published portion of this opinion we address Perez’s contention that the court erred in denying his motion under People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ], by finding he…