People v. Motuapuaka CA1/3

BACKGROUND

This case arises out of a plea agreement defendant made in 2010. He was charged with seven counts of second degree burglary, one count of attempted robbery, four counts of second degree robbery, five counts of possession of a firearm by a felon, one count of theft, one count of false imprisonment, one count of kidnapping, one count of kidnapping for purposes of robbery, two counts of oral copulation by force or fear, and one count of

1 assault with a firearm, along with numerous enhancement and prior conviction allegations. Defendant entered into a negotiated disposition whereby he pled guilty to two counts of second degree burglary (Pen. Code, § 460, subd. (b); counts 1 and 4)1, four counts of second degree robbery (§ 212.5, subd. (c); counts 7, 11, 14, and 18); false imprisonment (§ 236; count 8); kidnapping (§ 207, subd. (a); count 23), and assault with a firearm (§245, subd. (a)(2); count 24). He also admitted, among other allegations, three firearm enhancements under section 12022.53, subdivision (b) (§ 12022.53(b)) and one under section 12022, subdivision (a)(1). The plea form indicated that the maximum possible sentence for these offenses was 66 years but that…