People v. Questo CA5

INTRODUCTION

A jury convicted Kasey Allen Questo (defendant) of attempted carjacking and attempted grand theft in Tuolumne County case No. CRF55819 (“Jury Case”). The jury also found true special allegations that (1) defendant suffered a prior prison conviction pursuant to Penal Code section 667.5, former subdivision (b); and (2) defendant committed the offenses while released from custody on bail pursuant to section 12022.1. (Undesignated statutory references are to the Penal Code.) Defendant had four other felony cases pending against him when the jury returned its verdict. Prior to sentencing, the parties agreed to a negotiated disposition of defendant’s cases in exchange for his guilty pleas on certain charges in the pending matters. The prosecution informed the court of the negotiated disposition and stated defendant would receive a total indeterminate term of 25 years to life plus a determinate sentence of 11 years that included a three-year eight-month determinate sentence arising from the Jury Case. At sentencing, the trial court did not impose sentences on the two enhancements found true in the Jury Case and only pronounced an eight-month determinate sentence in that…