People v. Lee CA3

BACKGROUND

The underlying facts of defendant’s crimes are not relevant to this appeal. Defendant pleaded no contest to pimping and being a felon in possession of a firearm. Defendant also admitted the gang enhancement. During discussion of the terms of the plea, the trial court repeatedly reassured defendant he would only be sentenced to a total of four years four months.2 Specifically: “You’re agreeing to four years four months. You will not get anything more than four years four months.” With regard to the gang enhancement, the trial court stated: “[I]f you enter this plea today when we come back for sentencing I’m going to impose a term on the gang enhancement and I’m gonna strike it, which means that you don’t serve that term.” Further, when defendant asked whether the enhancement would cause him to have something “hanging over [his] head” the trial court responded: “No, what it does is this: I’m going to impose a certain time, it’s two, three or four years, and then I’m gonna strike the punishment.” The trial court sentenced defendant to the upper term of three years on the charge of being a felon in possession of a firearm. Defendant received one year and four months

2 The…