People v. Edwards CA3

Good Law
Court of Appeal of CaliforniaFebruary 18, 2015C076044California970 words

Opinion

Opinion

BACKGROUND

In 1995, defendant pleaded guilty to 12 counts of receiving stolen property (§ 496, subd. (a)) and single counts of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)), and possession for sale of methamphetamine (Health & Saf. Code, § 11378). Defendant admitted two prior convictions for residential burglary (§ 459) in 1984 and to being personally armed with a handgun during the transportation and possession for sale offenses (§ 12022, subd. (c)). The plea was in return for a maximum sentence of 20 years. Defendant agreed that if the trial court rejected the 20-year lid, the People could amend the information to include an additional prior residential burglary conviction allegation and the court would conduct a trial on the additional strike. Defendant understood the court could then impose a sentence greater than the 20-year lid. The court rejected the 20-year lid and allowed the information to be amended to include an additional strike allegation that the court then found to be true. The court imposed a sentence of 25 years to life with a consecutive four-year term for the…

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