People v. Ewers CA2/4

INTRODUCTION

Jamille Javado Ewers appeals from a judgment and sentence, following a plea of no contest to three counts of residential burglary. He contends the trial court breached the plea agreement by refusing to provide him with a full and complete sentencing hearing. He further contends the court erred by imposing a 10-year gang enhancement not supported by the evidence. Finding no reversible error, we affirm.

FACTUAL BAKGROUND AND PROCEDURAL HISTORY

In an amended felony complaint filed December 6, 2012, appellant and a codefendant were charged with three counts of first degree residential burglary 1 (Pen. Code, § 459). All crimes were alleged to be serious felonies within the meaning of section 1192.7, subdivision (c), and two counts were alleged to be violent felonies within the meaning of section 667.5, subdivision (c) because a person other than an accomplice was present in the residence during the commission of the offense. It was also alleged that the crimes were committed for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, and assist in criminal conduct by gang members (§ 186.22, subd.…