People v. Thao CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The substantive facts underlying the convictions are not relevant to the issue raised on appeal and are therefore not recounted here. In 2011, defendant pleaded no contest to assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(2) - statutory section references that follow are to the Penal Code.) Defendant also admitted the enhancement allegations that he personally used a firearm in connection with the crime (§ 12022.5, subd. (a)), committed the crime for the benefit of, at the direction of, or in association with a street gang (§ 186.22, subd. (b)(1)(C)), and personally inflicted great bodily injury upon the victim (§ 12022.7, subd. (a)). The sentencing court sentenced him, pursuant to a stipulated sentence, to two years on the underlying offense, plus three years for the firearm enhancement, plus 10 years for the gang enhancement, for a total of 15 years. Defense counsel reminded the court that defendant admitted the great bodily injury enhancement. The sentencing court then noted it had given, “no additional time as a result of that enhancement because that activity is used as part of the 186.22(b)(1) enhancement. So to avoid double…