People v. Whicker CA2/5

discussion of the facts of defendant’s crimes. In 2013, an information charged defendant with seven counts, all committed on December 1, 2012. Also alleged were a number of enhancement allegations, including two prior prison term enhancements. In 2014, he was convicted as charged and admitted the prior prison terms.

All undesignated statutory references are to the Penal Code.

On defendant’s motion, we have taken judicial notice of the opinion in defendant’s prior appeal. (People v. Whicker (Aug. 7, 2015, B255716) [nonpub. opn.].)

2 On April 16, 2014, the court sentenced defendant. In 2015, a prior panel of this division ordered his sentence modified. (People v. Whicker, supra, B255716.) The sentence, as modified, was as follows: A base term of 25 years to life (as a third strike sentence) for one count of assault with a firearm (Pen. Code, §§ 245, subd. (a)(2), 1170.12), enhanced with 10 years for use of a firearm (Pen. Code, § 12022.5, subd. (a)), 5 years for a prior serious felony (Pen. Code, § 667, subd. (a)), and 1 year for a prior prison term3 (Pen. Code, § 667.5, subd. (b)), resulting in a term of 25 to life, plus 16 years on that count. For a second count…