People v. Spradley CA3

BACKGROUND

In case No. CRF13-0461 (the assault case), defendant was accused by information of attempted murder (count 1; Pen. Code, §§ 664/187),1 assault with a deadly weapon (count 2; § 245, subd. (a)(1)), and felony battery with infliction of great bodily injury (count 3; § 243, subd. (d)). As to counts 1 and 2, it was alleged that defendant inflicted great bodily injury. (§ 12022.7, subd. (a).) The information also alleged that defendant served six prior prison terms. (§ 667.5, subd. (b).) In case No. CRF13-2678 (the honey oil case), an information accused defendant of knowingly bringing a controlled substance into a jail facility (count 1; § 4573) and conspiring to do the same (count 2; § 182, subd. (a)(1)). The information realleged defendant’s six prior prison terms. (§ 667.5, subd. (b).) Defendant pleaded no contest to count 2 in the assault case and admitted the infliction of great bodily injury and three prior prison terms; he also pleaded no contest to count 1 in the honey oil case. All remaining counts and allegations were dismissed with a Harvey2 waiver. The indicated sentence under the plea agreement was an aggregate term of 10 years in the assault case (four years…