Westlund

People v. Westlund

Good Law
104 Cal. Rptr. 2d 712·2001 Cal. App. LEXIS 155·2001 Daily Journal DAR 2419·87 Cal. App. 4th 652·2001 Cal. Daily Op. Serv. 1867
Court of Appeal of CaliforniaMarch 5, 2001No. F032185California2,784 words

Opinion

Lead Opinion

Ardaiz, J.

*654 Opinion

In October 1996, Frederick D. Westlund was charged in a five-count information with possession of a cane knife (Pen. Code, § 12020, subd. (a)); 1 possession of a silencer for firearms (§ 12520); possession of a destructive device (§ 12303); possession of a substance or'material, or combination of substances or materials with the intent to make a destructive or explosive device (§ 12312); and being a felon in possession of a firearm (§ 12021, subd. (a)(1).) Two prior serious felony convictions were alleged within the meaning of section 667, subdivisions (b) through (i), as well as three prior prison term enhancements within the meaning of 667.5, subdivision (b). Appellant entered pleas of not guilty and denied the prior convictions and prison term allegations. Trial commenced on October 10, 1997, and an amended information was filed October 27, 1997, adding one additional prior serious felony conviction and three additional prior prison term enhancements. On October 15, 1997, appellant pled guilty to all counts and admitted the priors. The court indicated a sentence of 25 years to life. On February 5, 1998, over objection by the district attorney, appellant withdrew…

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