People v. Zaragoza CA2/2

BACKGROUND

Under a negotiated plea agreement, defendant pled no contest on October 16, 2015, to one count of assault with a semiautomatic firearm in violation of section 245, subdivision (b), and two counts of false imprisonment of a hostage in violation of section 210.5. Defendant admitted that he personally used a firearm when he committed the assault, as alleged pursuant to section 12022.5, subdivisions (a) and (b), and that he had suffered a prior violent or serious felony conviction within the meaning of the “Three Strikes” law, as alleged pursuant to section 1170.12. Defendant also admitted that he served a prison term for the offense as alleged pursuant to section 667, subdivision (a). The trial court sentenced defendant to the agreed upon prison term of 30 years 4 months. The court calculated presentence custody credit as a total of 684 days, and imposed mandatory fines and fees in addition to a $500 domestic violence fund fee.

Defendant’s notice of appeal was filed two weeks before the effective date of Penal Code section 1237.2, which now provides: “An appeal may not be taken by the defendant from a judgment of conviction on the ground of an error in the…