People v. Magallon CA4/2

I. BACKGROUND

As discussed in our previous opinion, Magallon’s current charges arise from an

incident in which he stabbed his maternal uncle multiple times with a knife. (People v.

Magallon, supra, E069524.) The jury convicted Magallon of attempted murder (Pen. 1 Code, §§ 664, 187, subd. (a); count 1) and assault with a deadly weapon (§ 245, subd.

(a)(1); count 2), found the attempted murder was willful, deliberate, and premeditated,

1 Undesignated statutory references are to the Penal Code.

3 and found true allegations as to both counts that Magallon had personally inflicted great

bodily injury (§ 12022.7, subd. (a)). The trial court found true allegations relating to two

prior convictions, both of which were alleged to be prison priors (§ 667.5, subd. (b)), and

one of which was also alleged to be a strike prior (§§ 667, subds. (c), (e)(1), 1170.12,

subd. (c)(1)) and a serious felony prior (§ 667, subd. (a)). (People v. Magallon, supra,

E069524.)

Magallon was originally sentenced as follows: On count 1, the court imposed an

indeterminate term of 14 years to life (seven years to life, doubled by the strike prior),

plus a determinate term of nine years, consisting of…