People v. Morales CA4/2

INTRODUCTION

An information charged defendant and appellant Dennis Delgado Morales with

attempted robbery under Penal Code1 sections 664 and 211 (count 1), with the allegation

that he personally used a firearm under sections 1192.7, subdivision (c)(8) and 12022.53,

subdivision (b) (count 1); possessing a firearm after having been convicted of a felony

and identified as a drug addict under section 29800, subdivision (a)(1) (count 2); and

misdemeanor vandalism under section 594 (count 3). The information also alleged one

strike prior under sections 667, subdivisions (a), (c), (e)(1), and 1170.12, subdivision

(c)(1); and four prison priors under section 667.5, subdivision (b).

Prior to trial, defendant pled guilty to count 3, a misdemeanor. However,

sentencing on count 3 was deferred pending the conclusion of the jury trial on the

remaining counts.

After the prosecutor presented its case-in-chief, the parties informed the court that

they had reached an agreement to settle the case. The information was amended to add

count 4, assault with a deadly weapon under section 245, subdivision (a)(2). Thereafter,

defendant pled guilty to count 4 and admitted the prior…