People v. Hooker CA2/4

INTRODUCTION

A jury convicted defendant and appellant Ezra Hooker of assault with a firearm, unlawful possession of ammunition, felon in possession of a firearm, and elder abuse, and found firearm and prior conviction allegations true. The trial court sentenced him to 23 years in state prison. On appeal, Hooker argues his waiver of his right to counsel was not knowing and intelligent because the trial court estimated his maximum possible sentence at 17 years when his actual maximum possible sentence was 32 years. For the reasons discussed below, we agree. We therefore reverse the judgment.

PROCEDURAL BACKGROUND

The Los Angeles County District Attorney filed an information charging Hooker with assault with a firearm (Pen. Code,2 § 245, subd. (a)(2); count one); unlawful possession of ammunition (§ 30305, subd. (a)(1); count two); possession of a firearm by a felon (§ 29800, subd. (a)(1); count three); and elder or dependent adult abuse (§ 368, subd. (b)(1); count four). With respect to counts one and four, the information alleged Hooker personally used a firearm (§ 12022.5) and sustained a prior serious felony conviction (§ 667, subd. (a)(1)). With respect to all counts, the…