McMurray

I. BACKGROUND

In 2008, defendant was charged with two counts of second degree robbery (§ 211) with the personal use of a firearm (§ 12022.53, subd. (b)). It was further alleged defendant had four prior strikes (§§ 667, subd. (d), 1170.12, subd. (b)), a prior serious felony conviction (§ 667, subd. (a)), and had served two prior prison terms (former § 667.5, subd. (b)). In September 2010, defendant pled guilty to one count of second degree robbery (§ 211) and admitted a personal firearm use enhancement (§ 12022.53, subd (b)). Defendant also admitted one prior strike and one prior serious felony (§§ 667, subds. (a) & (d), 1170.12, subd. (b)). The remaining charges and allegations were dismissed. The trial court’s minutes from the plea hearing do not state that defendant pled to a stipulated sentence. Prior to taking his plea, the trial court confirmed that defendant understood the “possible range of penalties” and asked him if any promises were made as to “what the punishment could or might be.” During the plea hearing, the trial court sentenced defendant to 25 years in state prison, as follows: five years for the robbery charge doubled to 10 years due to the strike,

3 10 years…