People v. Salinas CA5

INTRODUCTION

Appellant Selso Salinas pled to two counts of attempted murder, admitted Penal Code section 186.22, subdivision (b)(1)(C)1 enhancements as to both counts, and admitted a section 12022.55 enhancement as to one count in exchange for dismissal of other charges and enhancements and a maximum sentence of 21 years. Salinas filed a notice of appeal indicating his appeal related to the sentence or other matters not affecting the plea. We review the matter pursuant to People v. Wende (1979) 25 Cal.3d 436.

FACTUAL AND PROCEDURAL SUMMARY

On August 16, 2011, a felony complaint was filed charging Salinas and a codefendant with willful, deliberate, and premeditated attempted murder in counts 1 and 2. Appended to both counts were section 186.22, subdivision (b)(5) and section 12022.53, subdivisions (c), (d) and (e)(1) enhancements. The section 186.22, subdivision (b)(5) enhancement would require that a minimum of 15 years in prison be served before a defendant is eligible for parole; the section 12022.53, subdivision (d) enhancement would require the imposition of a consecutive 25 year term of imprisonment. In addition, Salinas was charged in counts 3 and 5 of the complaint with…