People v. McKenry CA5

STATEMENT OF THE CASE

On April 11, 2013, Matthew Alexander McKenry (defendant) was charged by complaint with possession of a firearm by a felon (Pen. Code,1 § 29800, subd. (a)(1); count 1), possession of ammunition by a person prohibited from owning a firearm (§ 30305, subd. (a); count 2), carrying a concealed firearm on his person (§ 25400, subd. (a)(2); count 3), possession of methamphetamine while armed with a loaded, operable firearm (Health & Saf. Code, § 11370.1, subd. (a); count 4), possession of a firearm with identification numbers removed (§ 23920; count 5), and possession of a switchblade in a vehicle (§ 21510, subd. (a); count 6). It was further alleged he had served two prior prison terms. (§ 667.5, subd. (b).) On April 24, 2013, the parties entered into a plea agreement covering two cases, Nos. F13902897 and F13903231. It was agreed defendant would receive a maximum term of three years in the latter case, with sentences in the two cases to run concurrently.2 Defendant waived his right to a preliminary hearing, and his constitutional rights pursuant to Boykin v. Alabama (1969) 395 U.S. 238 and In re Tahl (1969) 1 Cal.3d 122. The court advised defendant of the…