People v. Stanfield CA3

BACKGROUND

We dispense with a detailed factual recitation as unnecessary to the resolution of this appeal. Suffice it to say that defendant was sentenced to 50 years in state prison pursuant to a plea agreement in which he pleaded guilty to two counts of murder (Pen. Code, § 187, subd. (a))1 in exchange for dismissal of all remaining counts and allegations. The murder charges were counts 1 and 2 of a four-count information, which also charged defendant with malicious discharge of a firearm from a vehicle (count 3; § 26100, subd. (c)), and assault by means likely to produce great bodily injury (count 4; § 245, subd. (a)(4)), as well as allegations of intentional discharge of a firearm with great bodily injury (§ 12022.53, subd. (d)) and personal use of a firearm (§ 12022.5, subd. (a)), and two special circumstances (§ 190.2, subd. (a)(3) & (21)). In exchange for defendant’s plea, the People agreed they would move to dismiss the remaining charges and allegations. At sentencing, however, that motion was not made and the remaining charges and allegations were not dismissed. Defendant timely appealed.

DISCUSSION

Defendant’s sole claim on appeal is that he is entitled to specific…