People v. Keeton CA5

FACTS

I. Initial Trial Court Proceedings1

Defendant Jermale Keeton (defendant) was charged with solicitation to commit murder (count I – Pen. Code, § 653f, subd. (b))2 and active participation in a criminal street gang (count II – § 186.22, subd. (a)). The amended information alleged defendant committed the murder solicitation for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1).) The amended information further alleged defendant has previously been convicted of a felony as defined in sections 667, subdivisions (c) through (j) and 1170.12, subdivisions (a) through (e), and previously served two prior prison terms (§ 667.5, subd. (b).) A jury convicted defendant of active participation in a criminal street gang but was unable to reach a verdict on solicitation. The court declared a mistrial as to the solicitation count. The trial court found the prior conviction and prior prison term allegations as to count II to be true. On February 15, 2012, defendant was sentenced only as to the active participation count and enhancements. Defendant received a prison term of 11 years. On March 2, 2012, a plea form was filed reflecting a plea agreement whereby defendant would…